Bender v. Evans

U.S. Court of Appeals for the Fourth Circuit December 3, 2003

Bender v. Evans, 81 F. App'x 799 (4th Cir. 2003)

Opinion of the Court

PER CURIAM.

Edward H. Bender seeks to appeal the denial of a motion for a temporary restraining order. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. *800§ 1292 (2000); Fed.R.CivP. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Bender seeks to appeal 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

Reference

Full Case Name: Edward H. BENDER, Plaintiff—Appellant v. Donald L. EVANS, in his official capacity as U.S. Secretary of Commerce Patricia A. Kurkul, in her official capacity as Regional Administrator for National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Defendants—Appellees
Status: Published