David E. Kates, federal prisoner # 30428-077, filed a civil rights complaint against several prison officials related to the use of bed restraints. Kates filed an emergency motion for a temporary restraining order (TRO) seeking to have the defendants ordered to treat inmates humanely. The district court denied the application for a TRO. Kates appealed.

This Court must examine the basis of its jurisdiction, on its own motion, if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). This court does not have appellate jurisdiction over the denial of an application for a TRO. Faulder v. Johnson, 178 F.3d 741, 742 (5th Cir. 1999) (citing In re Lieb, 915 F.2d 180, 183 (5th Cir. 1990)). As this appeal concerns only the denial of an application for a TRO, the court is without jurisdiction over the appeal.

APPEAL DISMISSED.