IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-60277 Summary Calendar __________________

DANIEL WHEAT, Plaintiff-Appellee, versus PORTER WILKINSON, STEVE W. PUCKETT, A.K. SHOWERS, CHRISTOPHER EPPS Defendant-Appellants,

AND TERRY WINTERS, ET AL., Defendants.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:94CV171-B-A - - - - - - - - - - March 1, 1996 Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:* Appellants appeal the interlocutory order denying their motion for summary judgment based on qualified immunity. Because the magistrate judge found that there exist genuine issues of material fact, we lack jurisdiction and the appeal is

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

No. 95-30654 -2- DISMISSED.