Case: 09-30944     Document: 00511246779          Page: 1    Date Filed: 09/28/2010




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT  United States Court of Appeals
                                                    Fifth Circuit

                                                 FILED
                                                                         September 28, 2010
                                     No. 09-30944
                                   Summary Calendar                         Lyle W. Cayce
                                                                                 Clerk

DAVID E. KATES,

                                                   Plaintiff-Appellant

v.

LIEUTENANT MICIELI;                  CORRECTIONAL             OFFICER        MANDALFO;
GREGORY KIZZIAH,

                                                   Defendants-Appellees


                    Appeal from the United States District Court
                       for the Western District of Louisiana
                              USDC No. 2:09-CV-1447


Before KING, BENAVIDES, and ELROD, Circuit Judges.
PER CURIAM:*
        David E. Kates, federal prisoner # 30428-077, filed a civil rights complaint
against several prison officials related to the use of bed restraints. Kates filed
an emergency motion for a temporary restraining order (TRO) seeking to have
the defendants ordered to treat inmates humanely. The district court denied the
application for a TRO. Kates appealed.




       *
         Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
   Case: 09-30944    Document: 00511246779 Page: 2       Date Filed: 09/28/2010
                                 No. 09-30944

      This Court must examine the basis of its jurisdiction, on its own motion,
if necessary.” Mosley v. Cozby, 

, 660 (5th Cir. 1987). This court
does not have appellate jurisdiction over the denial of an application for a TRO.
Faulder v. Johnson, 

, 742 (5th Cir. 1999) (citing In re Lieb, 

, 183 (5th Cir. 1990)).    As this appeal concerns only the denial of an
application for a TRO, the court is without jurisdiction over the appeal.
      APPEAL DISMISSED.




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