IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30779
Summary Calendar
JEFFERY FUSSELL,
Plaintiff-Appellee,
versus
RICHARD L. STALDER; BURL CAIN;
CHARLES WOODS; CORNELL HOWARD;
PETE HEFLIN; DAVID BONNETTE;
DARREL VANNOY; KENNETH DUPUIS,
Defendants-Appellants.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 02-CV-220-D
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January 28, 2003
Before GARWOOD, WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
The defendants-appellants are taking an interlocutory appeal
from a discovery order in this 42 U.S.C. § 1983 case. They
contend that the district court erred in ordering unlimited
discovery prior to ruling upon their FED. R. CIV. P. 12(b)(6)
motion to dismiss, which raised the defense of qualified
immunity. Because the disputed order was broad, we have
*
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that this opinion should not be published and is not precedent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.
No. 02-30779
-2-
jurisdiction to consider this appeal. See Lion Boulos v. Wilson,
834 F.2d 504 (5th Cir. 1987).
This appeal has, however, become moot both because the
defendants’ motion has been ruled upon and because the pertinent
discovery deadline, which was not stayed or continued, has
passed. This appeal is thus DISMISSED as MOOT.