Larry Tart v. Kelly Dufault

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7564 LARRY R. TART, Plaintiff - Appellant, v. KELLY DUFAULT; WARDEN ADMINISTRATOR I; JOHNNY HAWKINS; SUPERINTENDENT JOYCE KORNEGAY; FINESSE G. COUCH, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:12-ct-03127-F) Submitted: January 21, 2014 Decided: January 24, 2014 Before MOTZ, KEENAN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Larry R. Tart, Appellant Pro Se. Peter Andrew Regulski, Assistant Attorney General, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Larry R. Tart seeks to appeal the district court’s order denying his motion for a temporary restraining order and other motions for relief. 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, 545-46 (1949). The order Tart seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction and deny Tart’s motion for location of defendant. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 2