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    Ronnie Noel v. Lieutenant Colonel Kumer, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion regarding an appeal by Ronnie Noel of orders by the United States District Court for the Western District of Virginia. The Court of Appeals dismissed the portion of the appeal regarding the district court's order dismissing some defendants, but lacked jurisdiction over non-final orders. However, the Court affirmed the district court's denial of Noel's motion for a preliminary injunction. The Court reviewed the record and found no reversible error, as the district court did not abuse its discretion in finding Noel failed to make the requisite showing for a preliminary injunction.

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    Ronnie Noel v. Lieutenant Colonel Kumer, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion regarding an appeal by Ronnie Noel of orders by the United States District Court for the Western District of Virginia. The Court of Appeals dismissed the portion of the appeal regarding the district court's order dismissing some defendants, but lacked jurisdiction over non-final orders. However, the Court affirmed the district court's denial of Noel's motion for a preliminary injunction. The Court reviewed the record and found no reversible error, as the district court did not abuse its discretion in finding Noel failed to make the requisite showing for a preliminary injunction.

    Original Description:

    Filed: 2014-09-30 Precedential Status: Non-Precedential Docket: 14-7048

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion regarding an appeal by Ronnie Noel of orders by the United States District Court for the Western District of Virginia. The Court of Appeals dismissed the portion of the appeal regarding the district court's order dismissing some defendants, but lacked jurisdiction over non-final orders. However, the Court affirmed the district court's denial of Noel's motion for a preliminary injunction. The Court reviewed the record and found no reversible error, as the district court did not abuse its discretion in finding Noel failed to make the requisite showing for a preliminary injunction.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    34 views3 pages

    Ronnie Noel v. Lieutenant Colonel Kumer, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion regarding an appeal by Ronnie Noel of orders by the United States District Court for the Western District of Virginia. The Court of Appeals dismissed the portion of the appeal regarding the district court's order dismissing some defendants, but lacked jurisdiction over non-final orders. However, the Court affirmed the district court's denial of Noel's motion for a preliminary injunction. The Court reviewed the record and found no reversible error, as the district court did not abuse its discretion in finding Noel failed to make the requisite showing for a preliminary injunction.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7048

    RONNIE A. NOEL,
    Plaintiff Appellant,
    v.
    LIEUTENANT COLONEL
    KUMER; ROSETTA BOWLES; PAYTEL PHONE
    SYSTEM; MEDICAL DIRECTOR; DENISE Y. LUNFORD, Commonwealth
    Attorney;
    WILLIAM
    KAVANAH,
    Arresting
    Officer;
    JAMES
    HINGELEY, Supervisor, Albemarle Public Defender's Office;
    VOPA, Virginia Office of Protection and Advocacy,
    Defendants - Appellees.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke.
    Glen E. Conrad, Chief
    District Judge. (7:14-cv-00200-GEC-RSB)

    Submitted:

    September 25, 2014

    Decided:

    September 30, 2014

    Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior


    Circuit Judge.

    Affirmed in part, dismissed in part by unpublished per curiam


    opinion.

    Ronnie A. Noel, Appellant Pro Se. Carlene Booth Johnson, PERRY


    LAW FIRM, PC, Dillwyn, Virginia, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Ronnie
    orders

    denying

    Noel
    his

    seeks

    motion

    to
    for

    appeal
    a

    the

    district

    preliminary

    courts

    injunction

    and

    dismissing some, but not all, of the defendants in his 42 U.S.C.


    1983 (2012) action.

    As to the dismissal order, this court may

    exercise jurisdiction only over final orders, 28 U.S.C. 1291


    (2012),

    and

    certain

    interlocutory

    and

    collateral

    orders,

    28

    U.S.C. 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial


    Indus. Loan Corp., 337 U.S. 541, 545-46 (1949).

    The dismissal

    order Noel seeks to appeal is neither a final order nor an


    appealable interlocutory or collateral order.

    Accordingly, we

    dismiss this portion of the appeal for lack of jurisdiction.


    The
    immediately

    denial

    of

    appealable

    preliminary

    interlocutory

    injunction

    order.

    is

    28

    an

    U.S.C.

    1292(a)(1).

    We have reviewed the record in light of Noels

    challenges

    to

    the

    reversible

    error,

    denial
    as

    we

    of

    injunctive

    conclude

    the

    relief

    district

    and
    court

    find

    no

    did

    not

    abuse its discretion in concluding that Noel failed to make the


    requisite showing.

    See Winter v. Natural Res. Def. Council,

    Inc.,

    20

    555

    U.S.

    7,

    (2008)

    (requirements

    for

    preliminary

    injunction); Dewhurst v. Century Aluminum Co., 649 F.3d 287, 290


    (4th Cir. 2011) (standard of review).
    part,

    insofar

    denying

    as

    Noel

    preliminary

    challenges
    injunction.
    2

    Accordingly, we affirm in

    the

    district
    We

    courts

    dispense

    with

    order
    oral

    argument because the facts and legal contentions are adequately


    presented in the materials before this court and argument would
    not aid the decisional process.

    AFFIRMED IN PART;
    DISMISSED IN PART

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