Larry Tart v. Kelly Dufault ( 2014 )

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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