Allmond v. Dunning

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 19, 2002
• Docket: 02-2025
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-2025

DARRYL ALLMOND,

Plaintiff - Appellant,

versus

JAMES DUNNING; ALEXANDRIA SHERIFF’S DEPARTMENT; CITY OF ALEXANDRIA; DEPUTY COZZA; DEPUTY WINSTEAD; DEPUTY MASON; SERGEANT ELLER; RICHARD R. RUSCAK; JOHN DOE; JANE DOE,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-02-1106-A)

Submitted: December 16, 2002 Decided: December 19, 2002

Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Darryl Allmond, Appellant Pro Se. Christina Elaine Kearney, SHUFORD, RUBIN & GIBNEY, Richmond, Virginia; George Arthur McAndrews, OFFICE OF THE CITY ATTORNEY, Alexandria, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Darryl Allmond seeks to appeal the district court’s order

denying his motion for a temporary restraining order. This court

may exercise jurisdiction only over final orders, 28 U.S.C. § 1291

(2000), and certain interlocutory and collateral orders, 28 U.S.C.

§ 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.

Loan Corp., 337 U.S. 541 (1949). The order Allmond seeks to appeal

is neither a final order nor an appealable interlocutory or

collateral order. Accordingly, we dismiss the appeal for lack of

jurisdiction. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

DISMISSED