UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7332

JESSE LEAKE,

Plaintiff - Appellant,

versus

WAYNE TALBERT; NURSE STEWART; NURSE HARDY; NURSE WILLIS,

Defendants - Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, District Judge. (CA-02-867)

Submitted: November 19, 2003 Decided: December 4, 2003

Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jesse Leake, Appellant Pro Se. James Philip Allen, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Jesse Leake, a North Carolina inmate, appeals from the

magistrate judge’s report and recommendation that Leake’s motion

for a temporary restraining order or preliminary injunction be

denied. This court may exercise jurisdiction only over final

orders,

(2000), and certain interlocutory and

collateral orders,

(2000); Fed. R. Civ. P. 54(b);

Cohen v. Beneficial Indus. Loan Corp.,

(1949). The

order appealed from is neither a final order nor an appealable

interlocutory or collateral order. Accordingly, we dismiss the

appeal for lack of jurisdiction. 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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