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* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-31018
JAMES ALLEN TERRY, JR.
Plaintiff-Appellee
v.
CORNEL H. HUBERT, Warden of Elayn Hunt Correctional Center
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
Before KING, HIGGINBOTHAM, and WIENER, Circuit Judges.
PER CURIAM:*
We AFFIRM the district court’s ruling and REMAND for further
proceedings, including discovery, responsive to Hubert’s claims to qualified
immunity.
United States Court of Appeals
Fifth Circuit
F I L E D
October 10, 2008
Charles R. Fulbruge III
Clerk
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