LNV Corporation v. Hook et al

Filing 101

USCA ORDER Denying 90 Emergency Petition for Permission to Appeal filed by M. Julia Hook, by Clerk on 9/26/2014. (evana, )

Appellate Case: 14-702

Document: 01019317017

Date Filed: 09/26/2014

UNITED STATES COURT OF APPEALS

Page: 1
FILED
United States Court of Appeals
Tenth Circuit

FOR THE TENTH CIRCUIT
_________________________________
M. JULIA HOOK,

September 26, 2014
Elisabeth A. Shumaker
Clerk of Court

Petitioner,
v.

No. 14-702
(D.C. No. 1:14-CV-00955-RM-CBS)

LNV CORPORATION; UNITED
STATES OF AMERICA,
Respondents.
_________________________________
ORDER
_________________________________
Before TYMKOVICH, GORSUCH, and MATHESON, Circuit Judges.
_________________________________
This matter is before the Court for consideration of Petitioner M. Julia Hook’s
Fed. R. App. P. 5 Emergency Petition for Permission to Appeal, the response thereto filed
by the United States, and Ms. Hook’s reply. After careful review of the petition,
response, and reply, the petition is denied for the following reasons.
Petitioner seeks permission to appeal the district court’s order denying her motion
for a temporary restraining order and/or preliminary injunction. However, as Petitioner
points out in her petition, orders denying injunctive relief are immediately appealable
under 28 U.S.C. § 1292(a)(1). Thus, permission to appeal pursuant to Fed. R. App. P. 5 is
neither necessary nor appropriate under the circumstances.

Appellate Case: 14-702

Document: 01019317017

Date Filed: 09/26/2014

Page: 2

The Court also denies, as unnecessary, Ms. Hook’s request (made in her reply) for
leave to file a notice of appeal within ten days of the Court’s denial of her Fed. R. App. P.
5 petition. Fed. R. App. P. 4(a)(1)(B) provides 60 days from the district court’s denial of
her motion for injunctive relief for Ms. Hook to file her notice of appeal.
Entered for the Court,
ELISABETH A. SHUMAKER, Clerk

by: Chris Wolpert
Chief Deputy Clerk

2