Opinion
No. 09-5400.
Filed On: May 27, 2010.
BEFORE: Rogers, Garland, and Brown, Circuit Judges.
ORDER
Upon consideration of the motion for appointment of counsel, or in the alternative, amicus curiae; the motion for summary affirmance and the opposition thereto; the motion for stay and the opposition thereto; and the motion for summary reversal and other relief, it is
ORDERED that the motion for appointment of counsel, or in the alternative, amicus curiae be denied. With the exception of defendants appealing or defending in criminal cases, appellants are not entitled to appointment of counsel when they have not demonstrated any likelihood of success on the merits. It is
FURTHER ORDERED that the motion for summary affirmance be granted and the motion for summary reversal and other relief be denied. 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). Appellant's suit is based on conduct that was known to him, before he filed suit in December 2008, for a period of time greater than all applicable statutes of limitations, and his suit is accordingly time-barred.See 28 U.S.C. § 2401(a) ("[E]very civil action commenced against the United States shall be barred unless the complaint is filed within six years after the right of action first accrues."); 28 U.S.C. § 2401(b) ("A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after . . . notice of final denial of the claim by the agency to which it was presented."); 5 U.S.C. § 552a(g)(5) (a Privacy Act claim must be brought "within two years from the date on which the cause of action arises"). It is FURTHER ORDERED that the motion for stay 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Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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.