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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 92-5068
Conference Calendar
__________________
STEVEN D. BOB,
Plaintiff-Appellant,
versus
JIMMIE E. ALFORD ET AL.,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:92cv290
____________________
October 27, 1993
Before POLITZ, Chief Judge, and SMITH and WIENER, Circuit Judges.
BY THE COURT:
Steven D. Bob's motion seeking leave to appeal in forma
pauperis (IFP), and his motion to withdraw his appeal without
prejudice are DENIED, and the appeal is DISMISSED as frivolous.
See 5th Cir. R. 42.2.
Bob's first application to this Court for IFP status, on
appeal from the district court's dismissal of his 42 U.S.C.
§ 1983 civil rights action, was originally remanded by this Court
for a finding regarding the timeliness of Bob's notice of appeal.
The magistrate judge conducted two hearings to determine whether
Bob timely filed his notice of appeal. After hearing testimony
and accepting evidence, the magistrate judge found as a matter of
fact that Bob's notice of appeal had not been filed within the

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O R D E R
No. 92-5068
-2-
* The magistrate judge found that "Bob delivered his notice
of appeal . . . to the prison authorities for mailing on October
5, 1993 [sic] ...." This is an obvious typographical error, as
it is plain, from the context, that the magistrate judge meant
October 5, 1992, and we so construe the finding.
time frame necessary to perfect a timely notice of appeal.*
As the evidence in the record supports this conclusion, the
original motion seeking leave to appeal IFP is DENIED and the
appeal is DISMISSED. Bob's subsequent motion to withdraw his
appeal without prejudice is also DENIED as moot.

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