Steven Barnes v. E. Quattlebaum

Filing 920091006

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6619

STEVEN LEWIS BARNES, Plaintiff - Appellant, v. E. QUATTLEBAUM, Sergeant, individually and official capacity; MAJOR JACKSON, individually and official capacity; SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Florence. Margaret B. Seymour, District Judge. (4:08-cv-02197-MBS-TER)

Submitted:

September 29, 2009

Decided:

October 6, 2009

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Steven Lewis Barnes, Appellant Pro Se. Andrew Lindemann, DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Steven court's order Lewis Barnes the seeks to appeal of the the district magistrate

adopting

recommendation

judge and denying his motion for a temporary restraining order. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial exceptional Indus. Loan Corp., not 337 U.S. 541 (1949). the denial Absent of a

circumstances

present

here,

motion for a temporary restraining order is interlocutory and not appealable. Office of Pers. Mgmt. v. Am. Fed'n of Gov't

Employees, 473 U.S. 1301, 1303-04 (1985); Drudge v. McKernon, 482 F.2d 1375, 1376 (4th Cir. 1973). the appeal for lack of jurisdiction. Accordingly, we dismiss 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

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