Eyer v. Evans ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
September 23, 2004
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 04-30221
Summary Calendar
KEVEN EYER,
Plaintiff-Appellee,
versus
PATRICK EVANS; WILLIAM MCDADE;
CHRISTIAN VARNADO; MICHAEL GLASSER;
CITY OF NEW ORLEANS,
Defendants-Appellants.
Appeal from the United States District Court for
the Eastern District of Louisiana
(USDC No. 03-CV-342-A)
_______________________________________________________
Before REAVLEY, BARKSDALE and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
As there is a fact issue as to whether Eyer was ever in active or constructive
possession of the marijauna, this court does not have jurisdiction. See Kinney v.
*
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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Weaver, 301 F.3d 253, 261-62 (5th Cir. 2002); Lemoine v. New Horizons Ranch
and Center, Inc., 174 F.3d 629, 633-34 (5th Cir. 1999). DISMISSED.
2