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155 F. App'x 694

Green v. Ozmint

U.S. Courts of Appeals

Decided November 29, 2005

U.S. Courts of Appeals · decided 2005-11-29

Cited by 1 later decisions — most recently September 2006

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292

Relies on Cohen v. Beneficial Industrial Loan Corp. · OFFICE OF PERSONNEL MANAGEMENT Et Al. v. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO · Drudge v. McKernon

Good law ✅— No negative treatment on recordhow we know

Decided 2005-11-29

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PER CURIAM:

¶1Frederick Green seeks to appeal the district court’s order adopting the magistrate judge’s report and recommendation and 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, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Green seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. See Office of Pers. Mgmt. v. Am. Fed’n of Gov’t Employees, 473 U.S. 1301, 1303-04, 105 S.Ct. *6953467, 87 L.Ed.2d 603 (1985); Drudge v. McKernon, 482 F.2d 1375, 1376 (4th Cir. 1973). Accordingly, we deny Green’s motion to expedite the appeal, and 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.

¶2DISMISSED

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