Summary
holding that "the district court did not abuse its discretion in dismissing appellant's complaint pursuant to [Local Civil Rule] 7(b)" when the plaintiff conceded the motion to dismiss
Summary of this case from Washington v. United StatesOpinion
No. 15-7151 1:15-cv-01536-RMC
07-22-2016
Consuelo Jordan, Appellant v. Jasper Ormond, Court Services and Offender Supervision Agency, Appellee
BEFORE: Rogers, Kavanaugh, and Srinivasan, Circuit Judges ORDER
Upon consideration of the motions for order to show cause, to remand the case, and for production, which are collectively construed as a motion for summary reversal, and the responses thereto, and the motion to dismiss, it is
ORDERED that the motion for summary reversal be denied, and, on the court's own motion, that the district court's order filed December 1, 2015 be summarily affirmed. Appellant's filing of a motion for summary reversal placed the merits of this appeal before the court, and the merits 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 dismissing appellant's complaint pursuant to D.C. District Court Local Civil Rule 7(b). See Cohen v. Board of Trustees, 819 F.3d 476, 480 (D.C. Cir. 2016). Dismissal of the complaint with prejudice was warranted because appellant's claims are "'patently insubstantial,' presenting no federal question suitable for decision," Tooley v. Napolitano, 586 F.3d 1006, 1009 (D.C. Cir. 2009) (quoting Best v. Kelly, 39 F.3d 328, 330 (D.C. Cir. 1994)), and the complaint fails to state a claim upon which relief may be granted, see Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56 (2007). It is
FURTHER ORDERED that the motion to dismiss be denied.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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.
Per Curiam