Scribd Logo
Upload

Welcome to Scribd!

  • 6 views

    McClelland v. Johnson, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. Stephen McClelland sought to appeal a magistrate judge's order denying his motion for a temporary restraining order. However, the Court of Appeals determined that the order was not a final appealable order or an interlocutory order, and therefore the court did not have jurisdiction over the appeal. As a result, the Court dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content

    You might also like

    McClelland v. Johnson, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    6 views3 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. Stephen McClelland sought to appeal a magistrate judge's order denying his motion for a temporary restraining order. However, the Court of Appeals determined that the order was not a final appealable order or an interlocutory order, and therefore the court did not have jurisdiction over the appeal. As a result, the Court dismissed the appeal.

    Original Description:

    Filed: 2005-05-20 Precedential Status: Non-Precedential Docket: 04-7787

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. Stephen McClelland sought to appeal a magistrate judge's order denying his motion for a temporary restraining order. However, the Court of Appeals determined that the order was not a final appealable order or an interlocutory order, and therefore the court did not have jurisdiction over the appeal. As a result, the Court dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    6 views3 pages

    McClelland v. Johnson, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. Stephen McClelland sought to appeal a magistrate judge's order denying his motion for a temporary restraining order. However, the Court of Appeals determined that the order was not a final appealable order or an interlocutory order, and therefore the court did not have jurisdiction over the appeal. As a result, the Court dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7787

    STEPHEN E. MCCLELLAND,
    Party in Interest - Appellant,
    and
    ALLEN
    MCRAE;
    CHARLES
    STEVENSON;
    PATRICK
    LAHENS; DENNIS BLYDEN; DAVID EVICK, JR.;
    RASHID QAWI AL-AMIN,
    Plaintiffs,
    versus
    GENE M. JOHNSON,
    Defendant - Appellee.
    ----------------UNITED STATES OF AMERICA,
    Movant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    David G. Lowe, Magistrate
    Judge. (CA-03-164)

    Submitted:

    May 4, 2005

    Decided:

    Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges.

    May 20, 2005

    Dismissed by unpublished per curiam opinion.

    Stephen E. McClelland, Appellant Pro Se. Mark Ralph Davis, OFFICE


    OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    - 2 -

    PER CURIAM:
    Stephen E. McClelland seeks to appeal the magistrate
    judges order denying his motion for a temporary restraining order.
    This court may exercise jurisdiction only over final orders, 28
    U.S.C. 1291 (2000), and certain interlocutory and collateral
    orders, 28 U.S.C. 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v.
    Beneficial Indus. Loan Corp., 337 U.S. 541 (1949).
    McClelland

    seeks

    to

    appeal

    is

    neither

    final

    appealable interlocutory or collateral order.

    The order

    order

    nor

    an

    See Office of Pers.

    Mgmt. v. Am. Fedn of Govt Employees, 473 U.S. 1301, 1303-04


    (1985); Drudge v. McKernon, 482 F.2d 1375, 1376 (4th Cir. 1973).
    Accordingly, we dismiss the appeal for lack of jurisdiction.

    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.

    DISMISSED

    - 3 -

    You might also like