Kimble v. Cooley ( 2023 )

Case: 23-30568 Document: 00517015402 Page: 1 Date Filed: 12/28/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________ FILED
December 28, 2023
No. 23-30568
Summary Calendar Lyle W. Cayce
Clerk
____________
Raymond H. Kimble, III,
Plaintiff—Appellant,
versus
Keith Cooley; Brent Thompson; J. Pelican; John Doe,
Administrative Remedy Program Screening Officer; James LeBlanc,
Defendants—Appellees.
______________________________
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:23-CV-921
______________________________
Before Jones, Southwick, and Ho, Circuit Judges.
Per Curiam:*
Raymond H. Kimble, III, Louisiana prisoner # 503830, filed a pro se
civil rights action pursuant to 42 U.S.C. § 1983. In the instant appeal, he
challenges the denial of his motions for a temporary restraining order (TRO)
_____________________
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 23-30568 Document: 00517015402 Page: 2 Date Filed: 12/28/2023
No. 23-30568
and the appointment of counsel. We dismiss the appeal for lack of
jurisdiction because Kimble’s appeal does not correspond to any appealable
decision in the district court. The district court’s denial of a TRO is not an
appealable decision. In re Lieb, 915 F.2d 180, 183 (5th Cir. 1990). Further,
we lack jurisdiction to hear an appeal directly from the magistrate judge’s
order denying the appointment of counsel. See Butler v. S. Porter, 999 F.3d
287, 297 (5th Cir. 2021).
The appeal is DISMISSED for lack of jurisdiction. In light of our
lack of jurisdiction, Kimble’s motion for the appointment of counsel on
appeal is DENIED. To the extent that Kimble’s brief includes a motion for
a restraining order, it is also DENIED.
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