Opinion
No. 08-5410.
Filed On: August 28, 2009.
BEFORE: Henderson, Garland, and Brown, Circuit Judges.
ORDER
Upon consideration of the motion for summary affirmance, and the opposition thereto, and the motion for appointment of counsel, it is
ORDERED that the motion for appointment of counsel be denied. With the exception of defendants appealing or defending in criminal cases, appellants are not entitled to appointment of counsel when they have not demonstrated sufficient likelihood of success on the merits. It is
FURTHER ORDERED that the motion for summary affirmance be granted. Appellant's opposition does not address the merits of the motion or raise any additional issues, and, thus, appellant has failed to preserve any issues for appeal.Cf. Terry v. Reno, 101 F.3d 1412, 1415 (D.C. Cir. 1996) (holding that a party fails to preserve any issues not argued on the merits in its brief).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc.See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.