Rodney Jones v. Alvin Keller, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6540
RODNEY MOUCELL JONES,
Petitioner - Appellant,
v.
ALVIN WILLIAM KELLER, JR., Secretary of the Department of
Public Safety,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Robert J. Conrad,
Jr., District Judge. (1:12-cv-00304-RJC)
Submitted: August 29, 2013 Decided: September 4, 2013
Before DUNCAN, AGEE, and KEENAN, Circuit Judges.
Dismissed in part and affirmed in part by unpublished per curiam
opinion.
Rodney Moucell Jones, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rodney Moucell Jones seeks to appeal the district
court’s order denying his motions for appointment of counsel and
for a temporary restraining order and/or preliminary injunction
filed in his 28 U.S.C. § 2254 (2006) proceedings. To the extent
that Jones seeks to appeal the district court’s denial of a
temporary restraining order, the denial is not appealable on the
circumstances of this case. See Virginia v. Tenneco, Inc., 538
F.2d 1026, 1029–30 (4th Cir. 1976). His appeal of the denial of
his motion for appointment of counsel is likewise interlocutory.
To the extent that he also sought a preliminary injunction, we
have reviewed the record and conclude that the district court’s
denial of any such request was not an abuse of its discretion.
Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 22
(2008); Dewhurst v. Century Aluminum Co., 649 F.3d 287, 290 (4th
Cir. 2011).
Accordingly, we dismiss the appeal as to the request
for a temporary restraining order and appointment of counsel,
and otherwise affirm the district court’s judgment. 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 IN PART;
AFFIRMED IN PART
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