Opinion
No. 07-1268.
Filed On: February 5, 2008.
BEFORE: Ginsburg, Chief Judge, and Sentelle and Griffith, Circuit Judges.
ORDER
Upon consideration of the motion for reconsideration of the Clerk's order filed November 14, 2007, dismissing the case for lack of prosecution; and the motion for appointment of counsel, it is
ORDERED that the motion for reconsideration be denied. Dismissal for failure to prosecute was appropriate, because petitioner did not, prior to issuance of the November 14th dismissal order, respond to either respondent's motion to dismiss for lack of jurisdiction, or the per curiam order to show cause why the motion to dismiss should not be granted or why the agency's decision not to take enforcement action should not be summarily affirmed. See D.C. Cir. Rule 38. Moreover, because nowhere in the motion for reconsideration does petitioner respond substantively to either the motion to dismiss or the court's order to show cause, there is no basis for reconsidering the dismissal. It is
FURTHER ORDERED that the motion for appointment of counsel 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Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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.