IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10359
Summary Calendar
ALONZO JOHNSON,
Plaintiff-Appellee,
versus
SAMUEL HERNANDEZ;
STEVEN P. GROSS,
Defendants-Appellants.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:99-CV-1218
--------------------
September 18, 2001
Before JOLLY, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Appellants seek review of the district court’s denial of
their motion for summary judgment on the issue of qualified
immunity. Factual issues precluded the district court from
granting this motion with respect to the appellee’s excessive
force claim. Accordingly, we are without jurisdiction to
entertain this appeal. See Colston v. Barnhart, 130 F.3d 96, 98
(5th Cir. 1997).
APPEAL DISMISSED.
*
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that this opinion should not be published and is not precedent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.