Opinion
No. 08-5463.
Filed On: May 29, 2009.
BEFORE: Sentelle, Chief Judge, and Garland and Griffith, Circuit Judges.
ORDER
Upon consideration of the court's order to show cause filed March 5, 2009, and the response thereto, it is
ORDERED that the order to show cause be discharged. It is
FURTHER ORDERED, on the court's own motion, that the district court's order filed on October 7, 2008, be summarily affirmed. 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). The district court did not abuse its discretion in determining that appellant had failed to set forth "extraordinary circumstances" entitling him to relief pursuant to Fed.R.Civ.P. 60(b)(6). See Computer Professionals for Social Responsibility v. U.S. Secret Service, 72 F.3d 897, 903 (D.C. Cir. 1996); see also McCurry v. Adventist Health System/Sunbelt, Inc., 298 F.3d 586, 595-96 (6th Cir. 2002) (holding that district court improperly granted relief under Rule 60(b)(6) concerning plaintiff's right to refile action in another forum under state savings statute, and stating it "would be inappropriate to invoke subsection (b)(6) to grant relief that is foreclosed under subsection (b)(1) [covering mistake, inadvertence, surprise, or excusable neglect]").
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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.