United States Court of Appeals Fifth Circuit F I L E D April 9, 2004 In the Charles R. Fulbruge III United States Court of Appeals Clerk for the Fifth Circuit _______________ m 03-60191 _______________

LEROY MITCHELL, JR., Plaintiff-Appellee, VERSUS CITY OF GULFPORT, MISSISSIPPI, ET AL., Defendants, CITY OF GULFPORT, MISSISSIPPI; MARK PEDUZZI; TODD WALLIS, Defendants-Appellants.

_________________________ Appeal from the United States District Court for the Southern District of Mississippi m 1:01-CV-449-GR _________________________ Before GARWOOD, HIGGINBOTHAM, and SMITH, Circuit Judges.

PER CURIAM:* The district court did not abuse its discretion in considering the transcript of the criminal proceeding, which transcript bears sufficient indicia of reliability. In light of that transcript, the district court determined that there are genuine issues of disputed material fact. Accordingly, we have no jurisdiction to review the claim of excessive force. Johnson v. Jones, 515 U.S. 304, 317 (1995).

The appeal is DISMISSED for want of jur- isdiction. Appellants’ motion to supplement the record is GRANTED. We express no opinion on the merits of any claim.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circum- stances set forth in 5TH CIR. R. 47.5.4.