David Kates v. Micieli

Case: 09-30944 Document: 00511246779 Page: 1 Date Filed: 09/28/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 28, 2010
No. 09-30944
Summary Calendar Lyle W. Cayce
Clerk
DAVID E. KATES,
Plaintiff-Appellant
v.
LIEUTENANT MICIELI; CORRECTIONAL OFFICER MANDALFO;
GREGORY KIZZIAH,
Defendants-Appellees
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:09-CV-1447
Before KING, BENAVIDES, and ELROD, Circuit Judges.
PER CURIAM:*
David E. Kates, federal prisoner # 30428-077, filed a civil rights complaint
against several prison officials related to the use of bed restraints. Kates filed
an emergency motion for a temporary restraining order (TRO) seeking to have
the defendants ordered to treat inmates humanely. The district court denied the
application for a TRO. Kates appealed.
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 09-30944 Document: 00511246779 Page: 2 Date Filed: 09/28/2010
No. 09-30944
This Court must examine the basis of its jurisdiction, on its own motion,
if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). This court
does not have appellate jurisdiction over the denial of an application for a TRO.
Faulder v. Johnson, 178 F.3d 741, 742 (5th Cir. 1999) (citing In re Lieb, 915 F.2d
180, 183 (5th Cir. 1990)). As this appeal concerns only the denial of an
application for a TRO, the court is without jurisdiction over the appeal.
APPEAL DISMISSED.
2