Unpublished Dispositionl. Daniel Caldwell Aka Lawrence D. Caldwell, Appellant, v. J. Michael Quinlan, Director, Federal Bureau of Prisons, 923 F.2d 200 (D.C. Cir. 1991)

Upon consideration of the motion for appointment of counsel, the motion for summary affirmance, and the response in opposition thereto, it is

ORDERED that the motion for appointment of counsel be denied. Appointment of counsel in a civil action is exceptional and is wholly unwarranted when appellant has not demonstrated any likelihood of success on the merits. See Poindexter v. FBI, 737 F.2d 1173, 1185 (D.C. Cir. 1984); D.C. Cir. Handbook of Practice and Internal Procedures 29 (1987). It is

FURTHER ORDERED that the motion for summary affirmance be granted substantially for the reasons stated by the district court in Caldwell v. Quinlan, 729 F. Supp. 4 (D.D.C. 1990), and in its order filed March 19, 1990. The merits of the parties' positions are so clear as to justify summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam); Walker v. Washington, 627 F.2d 541, 545 (D.C. Cir.) (per curiam), cert. denied, 449 U.S. 994 (1980).

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.