Ellison v. South Carolina
Ellison v. South Carolina
Opinion
James E. Ellison seeks to appeal the district court’s order denying his motion to alter, amend, and vacate its prior order associated with Ellison’s 42 U.S.C. § 1983 (2000) complaint. The district court’s pri- or order resolved several pre-judgment motions adversely to Ellison, including his motion for preliminary injunctive relief.
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); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Although the district court’s order here appealed is not a final order as to the remainder of Ellison’s claims, the denial of preliminary injunctive relief is an appealable interlocutory order. MicroStrategy Inc. v. Motorola, Inc., 245 F.3d 335, 339 (4th Cir. 2001).
Finding no abuse of discretion, we affirm the denial of Ellison’s motion for preliminary injunctive relief. Id. (citing standard of review). We further dismiss the remainder of the appeal as interlocutory. 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.
AFFIRMED IN PART; DISMISSED IN PART.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.