Samuel Jackson v. Marla Magana

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 2, 2016
• Docket: 16-6031
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-6031

SAMUEL R. JACKSON,

Plaintiff - Appellant,

v.

NURSE MARLA MAGANA; DR. ROBERT OWENS; DR. ELIZABETH BYRD,

Defendants - Appellees,

and

SUPERINTENDENT DENNIS DANIELS,

Defendants.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:13-ct-03295-FL)

Submitted: July 20, 2016 Decided: August 2, 2016

Before NIEMEYER, TRAXLER, and KING, Circuit Judges.

Dismissed in part and affirmed in part by unpublished per curiam opinion.

Samuel R. Jackson, Appellant Pro Se. Joseph Finarelli, Special Deputy Attorney General, Raleigh, North Carolina; Kelly Street Brown, Elizabeth Pharr McCullough, YOUNG MOORE & HENDERSON, PA, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Samuel R. Jackson appeals the district court’s order

denying relief on his 42 U.S.C. § 1983 (2012) complaint and

several related orders. We dismiss this appeal for lack of

jurisdiction to the extent it challenges the denial of Jackson’s

request for a temporary restraining order. See Virginia v.

Tenneco, Inc., 538 F.2d 1026, 1029–30 (4th Cir. 1976) (observing

that orders granting or denying temporary restraining order are

not generally appealable). With respect to Jackson’s other

claims, we have reviewed the record and find no reversible

error; thus, we affirm the district court’s orders as to these

claims for the reasons stated by the district court. Jackson v.

Magana, No. 5:13-ct-03295-FL (E.D.N.C. Nov. 24, 2015). 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 IN PART; AFFIRMED IN PART