UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6619
STEVEN LEWIS BARNES,
Plaintiff - Appellant,
v.
E. QUATTLEBAUM, Sergeant, individually and official
capacity; MAJOR JACKSON, individually and official capacity;
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Margaret B. Seymour, District
Judge. (4:08-cv-02197-MBS-TER)
Submitted: September 29, 2009 Decided: October 6, 2009
Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Steven Lewis Barnes, Appellant Pro Se. Andrew Lindemann,
DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Steven Lewis Barnes seeks to appeal the district
court’s order adopting the recommendation of the magistrate
judge and denying his motion for a temporary restraining order.
This court may exercise jurisdiction only over final orders, 28
U.S.C. § 1291 (2006), and certain interlocutory and collateral
orders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v.
Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). Absent
exceptional circumstances not present here, the denial of a
motion for a temporary restraining order is interlocutory and
not appealable. Office of Pers. Mgmt. v. Am. Fed’n of Gov’t
Employees, 473 U.S. 1301, 1303-04 (1985); Drudge v. McKernon,
482 F.2d 1375, 1376 (4th Cir. 1973). 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
2