Holsey v. Pereira
Holsey v. Pereira
Opinion
Aaron Holsey appeals the district court’s order denying his motions for: (1) a temporary restraining order; (2) a preliminary injunction; and (3) a default judgment. We dismiss in part and affirm in part.
The denial of a temporary restraining order is ordinarily not appealable absent exceptional circumstances. Virginia v. Tenneco, Inc. 538 F.2d 1026, 1029-30 (4th Cir. 1976). Because this case presents no exceptional circumstances, we decline to review the denial of Holsey’s request for a temporary restraining order and dismiss the appeal insofar as it pertains to that portion of the district court’s order.
Insofar as Holsey appeals the denial of his request for a preliminary injunction, we have reviewed the record and the district court’s order and find no abuse of discretion. Accordingly, we affirm that part of the order on the reasoning of the district court. Holsey v. Pereira, No. CA-JFM-01-888 (D.Md. July 31, 2001).
To the extent that Holsey appeals that part of the district court’s order denying his motion for a default judgment, we dismiss the appeal as interlocutory. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed.R.Civ.P. 54(b); Cohan v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). We dismiss that portion of the district court’s order denying the motion for a default judgment because it is neither a final order nor an appealable interlocutory order.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.