Smith v. Angelone

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-6482 SPELLMAN B. SMITH, JR., Plaintiff - Appellant, versus RONALD J. ANGELONE, Defendant - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-96-190-AM) Submitted: June 20, 1996 Decided: July 2, 1996 Before HALL, WILKINS, and HAMILTON, Circuit Judges. Affirmed in part and dismissed in part by unpublished per curiam opinion. Spellman B. Smith, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant appeals from the district court's order denying his motion for a temporary restraining order and/or a preliminary in- junction. Appellant sought to prevent the implementation of a prison regulation governing contraband. To the extent that Appellant appeals the denial of a temporary restraining order, we dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise juris- diction only over final orders, 28 U.S.C. § 1291 (1988), and cer- tain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. To the extent that Appellant appeals the denial of injunctive relief, we have reviewed the record and the district court's opin- ion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Smith v. Angelone, No. CA-96-190- AM (E.D. Va. Feb. 20, 1996). We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process. AFFIRMED IN PART AND DISMISSED IN PART 2