Campitelli v. Glendening, (4th Cir. 2001)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-1486 DIANA M. CAMPITELLI, Plaintiff - Appellant, versus

THOMAS L. OSBORNE; MARJORIE D. NESBITT,

Administrator, Human Resources; E. KENNEDY,

President, Kennedy Personnel Services; STEPHEN

KENNEDY; GISELE M. MATHEWS, Assistant Attorney

General, MDOT, Defendants - Appellees, and

PARRIS N. GLENDENING, Governor, Defendant. Appeal from the United States District Court for the District of

Maryland, at Baltimore. Benson E. Legg, District Judge. (CA-00-

6-L)

Submitted: September 20, 2001 Decided: September 25, 2001

Before LUTTIG, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Diana M. Campitelli, Appellant Pro Se. John Charles Bell, OFFICE

OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM

Diana M. Campitelli appeals the district court’s order declining to issue a temporary restraining order. We dismiss the appeal for lack of jurisdiction because the order is not appealable.

This court may exercise jurisdiction only over final orders, 28 U.S.C. 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. 1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.

We deny leave to proceed in forma pauperis and dismiss the appeal as interlocutory. 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

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