Bender v. Evans

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 3, 2003
• Docket: 03-1885
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-1885

EDWARD H. BENDER,

Plaintiff - Appellant,

versus

DONALD L. EVANS, in his official capacity as U.S. Secretary of Commerce; PATRICIA A. KURKUL, in her official capacity as Regional Administrator for National Oceanic and Atmospheric Administration, National Marine Fisheries Service,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (CA-03-519-2)

Submitted: November 19, 2003 Decided: December 3, 2003

Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Edward H. Bender, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Edward H. Bender seeks to appeal the denial of a 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 Bender 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