Phillips v. Stalder

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS May 23, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 02-30805 Summary Calendar

THOMAS LOUIS PHILLIPS,

Plaintiff-Appellant,

versus

RICHARD L. STALDER; BURL CAIN; DERREN BORDELON; M. ALLEN; UNKNOWN LEMARTANIER; DONALD DAVIS; UNKNOWN ROSS; UNKNOWN ROWE; UNKNOWN FREGERSON; UNKNOWN GROOM; UNKNOWN TARVAR; UNKNOWN HAND, Doctor; MARY O’NEAL; PAT TRUETT; DWAYNE MCFATTER; K. DAVIS; UNKNOWN ELLIOT, Sergeant; ROSA STEPHENS; UNKNOWN RODESTA; FRED ALLEN; UNKNOWN MCKEY; UNKNOWN JEANSONE; UNKNOWN WHITE; UNKNOWN HOLMES; DORA RABALAIS; AMERICAN CORRECTIONS ASSOCIATION

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Middle District of Louisiana USDC No. 01-CV-782-D-M1 --------------------

Before JONES, DUHÉ, and CLEMENT, Circuit Judges.

PER CURIAM:1

Thomas Louis Phillips filed suit alleging a range of

complaints related to his incarceration. Here, he appeals the

denial of his request for pre-trial relief, especially as related

to his work assignment and the prison’s grooming requirements.

1 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. This court does not have appellate jurisdiction over the

denial of an application for a temporary restraining order because

it does not qualify as an “injunction” under § 1292(a)(1). Faulder

v. Johnson, 178 F.3d 741, 741 (5th Cir. 1999); In re Lieb, 915 F.2d

180, 183 (5th Cir. 1990). Further, the district court did not deny

the preliminary injunction; it merely referred it to be handled at

trial. The district court’s decision in this case to defer a

ruling on the preliminary injunction until trial was properly

within its discretion. Hence, the district court’s ruling is

AFFIRMED.