Geoffrey L. Horn-el, Appellant, v. William M. Plaut, Administrator, Ex Rel. District Ofcolumbia Detention Facility (aka D.c. Jail), 946 F.2d 1564 (D.C. Cir. 1991)

Upon consideration of the response to the court's order to show cause filed July 13, 1990, the response thereto, and the motion to dismiss, and it appearing that the relief the motion seeks is more properly construed as a request for summary affirmance, it is

ORDERED that the order to show cause be discharged. It is

FURTHER ORDERED that the district court's order filed February 28, 1990, be summarily affirmed for the reasons stated therein. 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.