No. 07-7393.United States Court of Appeals, Fourth Circuit.Submitted: March 20, 2008.
Decided: April 17, 2008.
Appeal from the United States District Court for the Eastern District of North Carolina, at Elizabeth City. James C. Dever III, District Judge. (2:07-cv-00032-D).
Andre Lamar Woody, Appellant Pro Se.
Before GREGORY and SHEDD, Circuit Judges, and WILKINS, Senior Circuit Judge.
Dismissed in part; affirmed in part by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Andre Woody, a North Carolina inmate, filed a 42 U.S.C. § 1983 (2000) complaint alleging the Appellees conspired to publish criminal procedure manuals containing incorrect elements of the state’s habitual felon statute. The district court denied Woody’s motion for a temporary restraining order; in the same order, the district court noted Woody failed to demonstrate a likelihood of irreparable harm or any of the other requirements necessary to obtain preliminary injunctive relief. Woody timely appealed.
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To the extent Woody seeks to appeal the district court’s denial of a temporary restraining order, that denial is not appealable. See Office of Pers. Mgmt. v. Am. Fed’n of Gov’t Employees, 473 U.S. 1301, 1303-04, 105 S.Ct. 3467, 87 L.Ed.2d 603 (1985); Drudge v. McKernon, 482 F.2d 1375, 1376 (4th Cir. 1973). To the extent the district court denied a preliminary injunction, which is an appealable order, we conclude that denial was not an abuse of discretion. See Ciena Corp. v. Jarrard, 203 F.3d 312, 322 (4th Cir. 2000).[*] 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 IN PART; AFFIRMED IN PART.