Williams v. Ozmint

272 F. App'x 312

Opinion

Dismissed in part; affirmed in part by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Christopher Love Williams seeks to appeal the district court’s order adopting the magistrate judge’s report and recommendations and denying his motion for access to the prison law library and his motion for a temporary restraining order or a preliminary injunction in his civil action under 42 U.S.C. § 1983 (2000). This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and cex*tain intex*locutory 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The portion of the order denying a tempo-x’axy restraining oi’der and access to the law library is neither a final order nor an appealable interlocutory or collateral ox’der. Accordingly, we dismiss that aspect of the appeal for lack of jurisdiction.

On the other hand, the district court’s denial of a request for a preliminary injunction is immediately appealable. 28 U.S.C. § 1292(a)(1) (2000). With respect to the district court’s denial of Williams’ motions for a preliminary injunction, we have reviewed the record and find no reversible error. Accordingly, we affirm this portion of the appeal. 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 IN PART; AFFIRMED IN PART.