Hayes v. Byrd

Full title: Eloise HAYES; Anthony Hayes, Plaintiffs-Appellees, v. Toby BYRD; Jeff…

Court: United States Court of Appeals, Ninth Circuit

Date published: Nov 30, 2007

256 F. App'x 187 (9th Cir. 2007)

Opinion

No. 05-56844.

Argued and Submitted August 8, 2007.

Filed November 30, 2007.

Gary S. Casselman, Esq., Law Offices of Gary S. Casselman, Los Angeles, CA, for Plaintiffs-Appellees.

USLA-Office of the U.S. Attorney Civil Tax Divisions, Los Angeles, CA, Robyn-Marie Lyon Monteleone, Esq., for Defendants-Appellants.

Appeal from the United States District Court for the Central District of California; A. Howard Matz, District Judge, Presiding. D.C. No. CV-04-03032-AHM.

Before KOZINSKI and RAWLINSON, Circuit Judges, and BAER^_, Senior District Judge.

_ The Honorable Harold Baer, Jr., Senior U.S. District Judge for the Southern District of New York, sitting by designation.

MEMORANDUM^__

__ This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Because a material factual dispute existed, the district court denied Appellants' summary judgment motion seeking qualified immunity. In this circumstance, we lack jurisdiction. See Collins v. Jordan, 110 F.3d 1363, 1370 (9th Cir. 1997), as amended. DISMISSED.