Mildred Miller, Plaintiff-appellant, v. Warden Atwood; Regional and Central Bureau of Prisons;united States of America, Defendants-appellees, 995 F.2d 1063 (4th Cir. 1993)

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U.S. Court of Appeals for the Fourth Circuit - 995 F.2d 1063 (4th Cir. 1993) Submitted: June 7, 1993. Decided: June 18, 1993

Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. David A. Faber, District Judge. (CA-92-566-1)

Mildred Miller, Appellant Pro Se.

Carol A. Casto, Assistant United States Attorney, Charleston, West Virginia, for Appellees.

S.D.W. Va.

DISMISSED.

Before HALL, WILKINSON, and WILLIAMS, Circuit Judges.

PER CURIAM:

OPINION

Mildred Miller seeks to appeal the district court's order denying her request for a temporary restraining order to prevent further overcrowding at FPC-Alderson, where she is presently incarcerated.1  The denial of a temporary restraining order is ordinarily not appealable. See Virginia v. Tenneco, Inc., 538 F.2d 1026, 1029-30 (4th Cir. 1976). We therefore dismiss this appeal for want of jurisdiction.2  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

 1

This matter was appropriately referred to a magistrate judge for preparation of a Report and Recommendation pursuant to 28 U.S.C. § 636(b) (1) (B) (1988)

 2

We note that our disposition of this request for a temporary restraining order does not preclude the filing of a civil action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971)

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