Background
Domeneque Perry, proceeding pro se, filed a complaint under Section nineteen hundred eighty-three of Title forty-two alleging due process violations. Perry sought to enjoin defendants from disconnecting her electric service for nonpayment. The district court denied Perry’s motion for a temporary restraining order and preliminary injunction. Perry appealed that denial.
The court’s reasoning
The court held that the district court’s order was not appealable under Section twelve hundred ninety-one because it did not end the litigation on the merits. The order also did not qualify under the collateral order doctrine because the issue was not separate from the merits. Furthermore, orders regarding temporary restraining orders are not immediately appealable. The court noted that the motion sought to maintain the status quo rather than change it, and there was no indication of irreparable harm or a preliminary injunction label that would trigger appealability under Section twelve hundred ninety-two of Title twenty-eight.
What it means going forward
The dismissal prevents immediate appellate review of the district court’s denial of the temporary restraining order. The case remains in the district court for further proceedings on the merits.