Jones v. J. Sargent Reynolds ( 1996 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 95-7053
    BENJAMIN HENDERSON JONES,
    Plaintiff - Appellant,
    versus
    J. SARGENT REYNOLDS COMMUNITY COLLEGE, its
    Teachers,   Officers,    Agents,    Attorneys,
    Proxies, Employees, Affiliates; D. GUILLORY;
    EDWARD MURRAY; RON ANGELONE; JAMES S. GILMORE,
    III; DOUGLAS WILDER; GEORGE F. ALLEN,
    Governor,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. James C. Cacheris, Chief
    District Judge. (CA-95-616-AM)
    Submitted:   December 14, 1995            Decided:   January 4, 1996
    Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Benjamin Henderson Jones, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Benjamin Jones appeals from a district court order dismissing
    his complaint without prejudice for failure to amend and particu-
    larize his complaint and denying his motions for default judgment
    and a temporary restraining order. We dismiss the appeal.
    The district court's dismissal order makes clear that Jones
    may save his complaint by amendment. Thus, this appeal of that
    order is interlocutory. Domino Sugar Corp. v. Sugar Workers Local
    293, 
    10 F.3d 1064
    , 1067 (4th Cir. 1993). Regarding the portion of
    the order denying Jones's request for a temporary restraining
    order, a request regarding facts unbound to the substance of the
    initial complaint, we find no extraordinary circumstances that
    would merit allowing an interlocutory appeal. Virginia v. Tenneco,
    Inc., 
    538 F.2d 1026
    , 1029-30 (4th Cir. 1976).
    Thus,    we dismiss Jones's appeal. 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
    

Document Info

Docket Number: 95-7053

Filed Date: 1/4/1996

Precedential Status: Non-Precedential

Modified Date: 4/18/2021