Barnes v. Quattlebaum

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6619

STEVEN LEWIS BARNES,

Plaintiff - Appellant,

v.

E. QUATTLEBAUM, Sergeant, individually and official capacity; MAJOR JACKSON, individually and official capacity; SOUTH CAROLINA DEPARTMENT OF CORRECTIONS,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Florence. Margaret B. Seymour, District Judge. (4:08-cv-02197-MBS-TER)

Submitted: September 29, 2009 Decided: October 6, 2009

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Steven Lewis Barnes, Appellant Pro Se. Andrew Lindemann, DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Steven Lewis Barnes seeks to appeal the district

court’s order adopting the recommendation of the magistrate

judge and denying his motion for a temporary restraining order.

This court may exercise jurisdiction only over final orders, 28

U.S.C. § 1291 (2006), and certain interlocutory and collateral

orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v.

Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). Absent

exceptional circumstances not present here, the denial of a

motion for a temporary restraining order is interlocutory and

not appealable. Office of Pers. Mgmt. v. Am. Fed’n of Gov’t

Employees, 473 U.S. 1301, 1303-04 (1985); Drudge v. McKernon,

482 F.2d 1375, 1376 (4th Cir. 1973). 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