[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 07-12225 OCTOBER 31, 2007 Non-Argument Calendar THOMAS K. KAHN CLERK ________________________ D. C. Docket No. 05-02921-CV-MHS-1 CRAIG HOLMES, Plaintiff-Appellee, versus OFFICER CURRY WALKER, in his official capacity and individually, Defendant-Appellant, CITY OF EAST POINT, SGT. B. GRAY, et al., Defendants.

________________________ Appeal from the United States District Court for the Northern District of Georgia _________________________ (October 31, 2007) Before BARKETT, PRYOR and FAY, Circuit Judges.

PER CURIAM: In this appeal, Officer Curry Walker challenges the denial of his motion for summary judgment based upon qualified immunity. The suit is brought by Craig Holmes who was shot by Officer Walker in the lobby of the Mark Inn in East Point, Georgia.

We affirm the ruling of the district court for the reasons set forth in its ORDER of May 7, 2007.

AFFIRMED.