Guadarrama v. Vance

UNITED STATES COURT OF APPEALS for the Fifth Circuit _____________________________________ No. 98-10122 _____________________________________ LINDA GUADARRAMA; TERRI LYNN MOORE, Plaintiffs-Appellees, VERSUS JOHN VANCE, ET AL., Defendants, JOHN VANCE; NORMAN KINNE, Individually and in his Official Capacity, Defendants-Appellants. ______________________________________________________ Appeal from the United States District Court for the Northern District of Texas (3:95-CV-723-D) ______________________________________________________ December 8, 1998 Before DAVIS, SMITH and WIENER, Circuit Judges. PER CURIAM:* The district court denied the defendant's motion for summary judgment based on qualified immunity on grounds that genuine issues of material fact were presented. The district court did not specifically identify those issues of material fact and we have reviewed the record to determine whether the district court erred in reaching this conclusion. See Colston v. Barnhart, 146 F.3d 282 * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. (5th Cir. 1998) (order denying rehearing en banc). Upon review of the record, we agree with the district court that genuine issues of material fact are presented. We therefore lack jurisdiction to further review the district court's judgment. APPEAL DISMISSED. 2