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.

-------------------- Appeal from the United States District Court for the Middle District of Louisiana USDC No. 02-CV-220-D -------------------- 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

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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,

(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.