Filed: Jun. 02, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6035 STEPHEN MARK HAUSE, Plaintiff – Appellant, v. DR. MILES, LCDC Physician; MAJOR JONES, LCDC Supt; THE LEXINGTON COUNTY DETENTION CENTER, in their individual and/or official capacities; CORRECT CARE SOLUTIONS, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Richard Mark Gergel, District Judge. (9:13-cv-01271-RMG-BM) Submitted: May 29, 2014 Decided: Jun
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6035 STEPHEN MARK HAUSE, Plaintiff – Appellant, v. DR. MILES, LCDC Physician; MAJOR JONES, LCDC Supt; THE LEXINGTON COUNTY DETENTION CENTER, in their individual and/or official capacities; CORRECT CARE SOLUTIONS, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Richard Mark Gergel, District Judge. (9:13-cv-01271-RMG-BM) Submitted: May 29, 2014 Decided: June..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6035
STEPHEN MARK HAUSE,
Plaintiff – Appellant,
v.
DR. MILES, LCDC Physician; MAJOR JONES, LCDC Supt; THE
LEXINGTON COUNTY DETENTION CENTER, in their individual
and/or official capacities; CORRECT CARE SOLUTIONS,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. Richard Mark Gergel, District
Judge. (9:13-cv-01271-RMG-BM)
Submitted: May 29, 2014 Decided: June 2, 2014
Before SHEDD, WYNN, and THACKER, Circuit Judges.
Dismissed in part, affirmed in part by unpublished per curiam
opinion.
Stephen Mark Hause, Appellant Pro Se. Mark Victor Gende, John
Earle Tyler, SWEENY, WINGATE & BARROW, PA, Columbia, South
Carolina; Justin Tyler Bagwell, DAVIDSON & LINDEMANN, PA,
Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Stephen Mark Hause seeks to appeal the district
court’s order denying his motion for a temporary restraining
order and/or preliminary injunction filed in his 42 U.S.C.
§ 1983 (2012) proceeding. To the extent that Hause seeks to
appeal the district court’s denial of a temporary restraining
order, the denial is not appealable on the circumstances of this
case. See Virginia v. Tenneco, Inc.,
538 F.2d 1026, 1029–30
(4th Cir. 1976). To the extent that he also sought a
preliminary injunction, we have reviewed the record and conclude
that the district court’s denial of any such request was not an
abuse of its discretion. See Dewhurst v. Century Aluminum Co.,
649 F.3d 287, 290 (4th Cir. 2011). Accordingly, we dismiss the
appeal as to the request for a temporary restraining order and
otherwise affirm the district court’s judgment. We deny Hause’s
motion for appointment of counsel. We dispense with 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.
DISMISSED IN PART;
AFFIRMED IN PART
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