Opinion
No. 07-5073.
November 30, 2007.
BEFORE: Sentelle, Randolph, and Brown, Circuit Judges.
ORDER
Upon consideration of the motion to appoint counsel, the motion for summary affirmance and the opposition thereto, and the unopposed motion for judicial notice, it is.
ORDERED that the motion to appoint 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 judicial notice be denied. The substance of the newspaper article submitted by appellant is subject to "reasonable dispute." See Fed.R.Evid. 201(b).
FURTHER ORDERED that the motion for summary affirmance be granted. The merits of the parties' positions are so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). Appellant has failed to articulate a public interest in the disclosure of the information he requested under the Freedom of Information Act sufficient to overcome a third party's privacy interest in keeping the information secret. See National Archives Records Admin. v. Favish, 541 U.S. 157, 173 (2004). It is.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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.
ORDER
Upon consideration of the trust account report and the consent to collection of fees, it is.
ORDERED that pursuant to appellant's consent to collection of fees, appellant's custodian is directed to pay on appellant's behalf the initial partial filing fee of $34.39, to be withheld from appellant's trust fund account. See 28 U.S.C. § 1915(b)(1). The payment must be by check or money order made payable to Clerk, U.S. District Court for the District of Columbia.
Appellant's custodian also is directed to collect and pay from appellant's trust account monthly installments of 20 per cent of the previous month's income credited to appellant's account, until the full $455 docketing fee has been paid. See 28 U.S.C. § 1915(b)(2). Such payments must be made each month the amount in the account exceeds $10 and must be designated as made in payment of the filing fee for Case No. 07-5073, an appeal from Civil Action No. 05-2276. A copy of this order must accompany each remittance. In the event appellant is transferred to another institution, the balance due must be collected and paid to the Clerk by the custodian at appellant's next institution. Appellant's custodian must notify the Clerk, U.S. District Court for the District of Columbia, in the event appellant is released from custody.
The Clerk is directed to send a copy of this order to appellant, by whatever means necessary to ensure receipt, and to the Clerk, U.S. District Court for the District of Columbia. The Clerk is further directed to send to appellant's custodian a copy of this order and appellant's consent to collection of fees.