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Rickey BARNES, Plaintiff-Appellee v. Jason GIROIR; Terry Sharp; Joseph Westbrook, Defendants-Appellants

United States Court of Appeals for the Fifth Circuit2009-01-12No. No. 08-30121
306 F. App'x 174

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Opinion

majority opinion

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 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.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under tile limited circumstances set forth in 5th Cir. R. 47.5.4.