Opinion
No. 07-5145.
Filed On: November 29, 2007.
BEFORE: Sentelle, Randolph, and Brown, Circuit Judges.
ORDER
Upon consideration of the motion for summary affirmance, the opposition thereto, styled "appellant brief/rebuttal/motion for remand for trial," and the reply; and the motion for remand, it is.
ORDERED that the motion for summary affirmance be granted. The district court properly dismissed appellant's claims against the Department of Treasury as frivolous.See 28 U.S.C. § 1915A; Denton v. Hernandez, 504 U.S. 25, 32-33 (1992). The district court also correctly granted summary judgment on appellant's Freedom of Information Act (FOIA) claims against the Executive Office for United States Attorney (EOUSA). The EOUSA's search for material responsive to appellant's FOIA requests was adequate.See Oglesby v. United States Dep't of the Army, 920 F.2d 57, 68 (D.C. Cir. 1990). It is.
FURTHER ORDERED that the motion for remand be dismissed as moot.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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 $45.01, 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. 07-5145, an appeal from Civil Action No. 06cv01124. 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.