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, )

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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

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