Barnes v. Johnson , 306 F. App'x 174 ( 2009 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 12, 2009
No. 08-30121
Summary Calendar Charles R. Fulbruge III
Clerk
RICKEY BARNES
Plaintiff - Appellee
v.
JASON GIROIR; TERRY SHARP; JOSEPH WESTBROOK
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:*
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 plaintiff’s 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.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.