SMITH v. OBAMA, 08-5455 (D.C. Cir. 7-27-2009)
Stanley Paul Smith, Appellant v. Barack Obama, President, et al.,Appellees.
No. 08-5455.United States Court of Appeals, District of Columbia Circuit.
Filed On: July 27, 2009.Page 1
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] BEFORE: Sentelle, Chief Judge, and Tatel and Garland, Circuit Judges.
Per Curiam
ORDER
Upon consideration of the motion for reconsideration of the Clerk's order filed April 14, 2009, dismissing the appeal for lack of prosecution (styled as "motion in response to oral communication with deputy clerk Scott regarding non-receipt of show cause order and partial resubmission"), and the supplement thereto; the request for oral argument and the supplement thereto; and the response to the court's order to show cause filed February 25, 2009, and the supplements thereto, it is
ORDERED that the motion for reconsideration be granted and that the April 14, 2009 dismissal order be vacated. It is
FURTHER ORDERED that the order to show cause be discharged. It is
FURTHER ORDERED that the request for oral argument be denied. It is
FURTHER ORDERED, on the court's own motion, that the district court's order filed August 5, 2008 dismissing appellant's complaint, and the order filed September 23, 2008 denying reconsideration, 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 correctly concluded that appellant's complaint is frivolous. See Denton v. Hernandez,504 U.S. 25, 33 (1992); Neitzke v. Williams, 490 U.S. 319, 328 (1989).Page 2
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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.Page 1