Opinion
23-5052
05-23-2023
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 1:23-cv-00415-UNA
Before: Wilkins and Katsas, Circuit Judges, and Sentelle, Senior Circuit Judge
JUDGMENT
Per Curiam
This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by appellant. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). Upon consideration of the foregoing and the emergency motion for a hearing, it is
ORDERED that the emergency motion for a hearing be denied. Appellant has not shown he is entitled to the requested relief. It is
FURTHER ORDERED AND ADJUDGED that the district court's February 28, 2023 order be affirmed. The district court properly dismissed appellant's case as frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i); Neitzke v. Williams, 490 U.S. 319, 325 (1989) ("[A] complaint . . . is frivolous where it lacks an arguable basis either in law or in fact.").
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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.