Court of Appeals for the Eighth Circuit February 5, 1993, 93-1044 (Steven Parkus v. Paul K. Delo)

McMILLIAN, Circuit Judge.

The issue before the court in this 28 U.S.C. § 2254 habeas case is whether the notice of appeal is premature. Because appellant filed a timely Fed.R.Civ.P. 59(e) motion to alter or amend judgment after filing a notice of appeal, the appeal is premature and we dismiss for lack of jurisdiction.

On December 29, 1992, the district court denied appellant’s habeas petition.