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Julius E. Ruffin v. Larry D. Huffman David K. Smith T. Bert, Institutional Health and Safety Inspector, 50 F.3d 7, 4th Cir. (1995)

Julius Ruffin appealed the district court's denial of his request for a temporary restraining order and preliminary injunctive relief. The Fourth Circuit dismissed the appeal as it related to the temporary restraining order as those are generally not appealable. However, the denial of a preliminary injunction is appealable. Upon reviewing the record, the Fourth Circuit found no abuse of discretion by the district court and affirmed the denial of the preliminary injunction.

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15 views2 pages

Julius E. Ruffin v. Larry D. Huffman David K. Smith T. Bert, Institutional Health and Safety Inspector, 50 F.3d 7, 4th Cir. (1995)

Julius Ruffin appealed the district court's denial of his request for a temporary restraining order and preliminary injunctive relief. The Fourth Circuit dismissed the appeal as it related to the temporary restraining order as those are generally not appealable. However, the denial of a preliminary injunction is appealable. Upon reviewing the record, the Fourth Circuit found no abuse of discretion by the district court and affirmed the denial of the preliminary injunction.

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50 F.

3d 7

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Julius E. RUFFIN, Plaintiff-Appellant,
v.
Larry D. HUFFMAN; David K. Smith; T. Bert, Institutional
Health and Safety Inspector, Defendants-Appellees.
No. 94-7331.

United States Court of Appeals, Fourth Circuit.


Submitted Feb. 16, 1995.
Decided Mar. 20, 1995.

Julius E. Ruffin, appellant pro se. Lance Bradford Leggitt, Office of the
Attorney General of Virginia, Richmond, VA, for appellees.
Before HAMILTON and MOTZ, Circuit Judges, and CHAPMAN, Senior
Circuit Judge.
PER CURIAM:

Appellant appeals the district court's order denying his request for a temporary
restraining order and for preliminary injunctive relief.

The denial of a temporary restraining order is not ordinarily appealable. See


Virginia v. Tenneco, Inc., 538 F.2d 1026, 1029-30 (4th Cir.1976); Drudge v.
McKernon, 482 F.2d 1375, 1376 (4th Cir.1973). Because the case presents no
exceptional circumstances, we decline to review the denial of a temporary
restraining order, and dismiss the appeal as it pertains to that order.

However, the denial of injunctive relief is reviewable and may be immediately


appealed. See 28 U.S.C. Sec. 1292(a) (1988). Our review of the record and the

district court's opinion discloses that this portion of the appeal is without merit.
Accordingly, finding no abuse of discretion, we affirm the denial of injunctive
relief on the reasoning of the district court. Ruffin v. Huffman, No. CA-94-538R (W.D.Va. Oct. 20, 1994).
4

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.
AFFIRMED IN PART AND DISMISSED IN PART

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