Gunter v. Dretke

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
September 9, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-40467
Summary Calendar
GREGORY EDWARD GUNTER,
Petitioner-Appellant,
versus
DOUGLAS DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, INSTITUTIONAL DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:02-CV-131
--------------------
Before HIGGINBOTHAM, EMILIO M. GARZA and PRADO, Circuit Judges.
PER CURIAM:*
Gregory Edward Gunter, Texas prisoner # 589198, has moved
for a certificate of appealability (“COA”) in order to appeal the
district court’s interlocutory order denying his applications for
injunctions. See 28 U.S.C. § 1292(a)(1). Incorporated in
Gunter’s COA brief is a motion seeking injunctive relief from
this court.

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No. 03-40467
-2-
The district court’s order denying Gunter’s application for
a temporary restraining order is not appealable. Matter of Lieb,
915 F.2d 1180, 183 (5th Cir. 1987). Gunter has failed to
establish in the district court that there existed a substantial
threat of irreparable harm, which is required to obtain an
injunction. See Lakedreams v. Taylor, 932 F.2d 1103, 1107 (5th
Cir. 1991). Accordingly, Gunter’s COA application is DENIED, to
the extent that one is required under 28 U.S.C. § 2253(c)(1)(A),
see Slack v. McDaniel, 529 U.S. 473, 484 (2000), and the district
court’s interlocutory order denying Gunter’s application for a
preliminary injunction is AFFIRMED. Gunter’s motion in this
court for a preliminary injunction is also DENIED.

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