LeAnthony Winston v. William Smith

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 8, 2023
• Docket: 22-6038
• Status: Unpublished

Opinion

USCA4 Appeal: 22-6038 Doc: 23 Filed: 06/08/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6038

LEANTHONY T. WINSTON,

Plaintiff - Appellant,

v.

WILLIAM C. SMITH, Superintendent; ERNEST BOWER, Superintendent; TANYA BLAIR, Captain/Supervisor; LIEUTENANT WILLIAMS; LIEUTENANT EVERETT; SERGEANT BRINKLY,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda L. Wright Allen, District Judge. (2:21-cv-00285-AWA-LRL)

Submitted: May 16, 2023 Decided: June 8, 2023

Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

LeAnthony T. Winston, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6038 Doc: 23 Filed: 06/08/2023 Pg: 2 of 2

PER CURIAM:

LeAnthony T. Winston filed a motion for a temporary restraining order or

preliminary injunction in the district court, seeking release from imprisonment while his

42 U.S.C. § 1983 action is pending. Winston then noted an appeal of the district court’s

purported denial of the motion. However, the district court has issued no ruling pertaining

to Winston’s motion. Because there has been neither a final order nor an appealable

interlocutory or collateral order entered in this case, we dismiss the appeal for lack of

jurisdiction. See United States v. Doe, 962 F.3d 139, 143 (4th Cir. 2020) (noting “we have

jurisdiction only over final orders and certain interlocutory and collateral orders”). We

also deny Winston’s pending motions. We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials before this court and

argument would not aid the decisional process.

DISMISSED