Antonio Scurry, Appellant, v. Francis Fernandez, Dr.; P.a. Bassey; Cole, Correctionalofficer; S. Adams, Sgt.; D. Walker, Correctional Officer;sheppard, Lt.; District of Columbia Department Ofcorrections; and John Henderson, Administrator, 36 F.3d 127 (D.C. Cir. 1994)

Upon consideration of the motion for summary affirmance filed May 2, 1994, the court's order to show cause filed May 20, 1994, and the lack of response thereto, it is

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

FURTHER ORDERED that the motion for summary affirmance be granted substantially for the reasons stated by the district court in its order filed December 23, 1993. 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); 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 41.