In re: Clark v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-1907
In Re: MICHAEL CRAIG CLARK,
Petitioner.
On Petition for Writ of Mandamus. (CA-02-40-2-BO(1))
Submitted: September 5, 2002 Decided: September 10, 2002
Before MOTZ, KING, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Michael Craig Clark, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Michael Craig Clark has filed an emergency appeal contending
that the district court denied his motion for a temporary
restraining order. Although the district court had not yet ruled
on the motion at the time Clark filed his appeal, the district
court entered an order denying the motion while this action was
pending. Construing Clark’s action as a petition for a writ of
mandamus requesting that this court order the district court to
rule on the motion, we note that, in light of the district court’s
order, the petition is moot. Moreover, the district court’s denial
of a temporary restraining order is not appealable. Drudge v.
McKernon, 482 F.2d 1375, 1376 (4th Cir. 1973). Accordingly, we deny
the petition. 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.
PETITION DENIED
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