Barnes v. Giroir

Full title: Rickey BARNES, Plaintiff-Appellee v. Jason GIROIR; Terry Sharp; Joseph…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jan 12, 2009

306 F. App'x 174 (5th Cir. 2009)

Opinion

No. 08-30121 Summary Calendar.

January 12, 2009.

Rickey Barnes, Angola, LA, pro se.

Stacey Wright Johnson, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Defendants-Appellants.

Appeal from the United States District Court for the Middle District of Louisiana, USDC No. 3:03-CV-83.

Before SMITH, STEWART, and SOUTHWICK, Circuit Judges.

PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

The defendants appeal the district court's denial of summary judgment. Defendants sought summary judgment based in part on qualified immunity. Where the district court has denied summary judgment on the ground that material issues of fact exist as to the plaintiffs claims, this court lacks jurisdiction to review the court's determination that a genuine fact issue exists. Ramirez v. Knoulton, 542 F.3d 124, 127-28 (5th Cir. 2008) (citations omitted).

Appeal DISMISSED for lack of jurisdiction.