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Edward H. BENDER, Plaintiff-Appellant, v. Donald L. EVANS, in his official capacity as U.S. Secretary of Commerce; Patricia A. Kurkul, in her official capacity as Regional Administrator for National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Defendants-Appellees

United States Court of Appeals for the Fourth Circuit2003-12-03No. No. 03-1885
81 F. App'x 799

Authorities cited

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Opinion

majority opinion

PER CURIAM.

Edward H. Bender seeks to appeal the denial of a 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.CivP. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Bender seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. 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