De'Lonta v. Angelone ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6645
OPHEILA AZRIEL DE’LONTA,
Plaintiff - Appellant,
versus
RONALD J. ANGELONE; M. V. SMITH, Doctor; R.
HULBERT, Doctor; C. J. ANGLIKER, Doctor;
DOCTOR WRAY; DOCTOR SWETTER,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, District Judge.
(CA-99-642-7)
Submitted: July 27, 2000 Decided: August 4, 2000
Before MURNAGHAN, WILKINS, and KING, Circuit Judges.
Affirmed in part and dismissed in part by unpublished per curiam
opinion.
Opheila Azriel De’Lonta, Appellant Pro Se. William W. Muse, Assis-
tant Attorney General, Richmond, Virginia; George W. Wooten, Peter
Duane Vieth, WOOTEN & HART, P.C., Roanoke, Virginia; Heather Marie
Kofron, WRIGHT, ROBINSON, OSTHIMER & TATUM, Richmond, Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Opheila Azriel De’Lonta appeals from the district court’s
order denying a temporary restraining order and preliminary in-
junctive relief. To the extent De’Lonta appeals the denial of a
temporary restraining order, no circumstance warrants excepting
this case from the general rule that such denials are ordinarily
not apealable. See Virginia v. Tenneco, Inc., 538 F.2d 1026, 1029-
30 (4th Cir. 1976). We therefore dismiss this portion of the
appeal. Insofar as De’Lonta appeals the denial of an injunction,
we find that the court applied the proper legal standard and did
not abuse its discretion. See Direx Israel, Ltd. v. Breakthrough
Medical Corp., 952 F.2d 802, 814-15 (4th Cir. 1991). Accordingly,
we affirm on the reasoning of the district court. See De’Lonta v.
Angelone, No. CA-99-642-7 (W.D. Va. January 13, 2000). Finally, we
deny DeLonta’s motion to expedite appeal as moot. We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
AFFIRMED IN PART; DISMISSED IN PART
2