Unpublished Dispositionlayton Fay, Appellant, v. Edwin A. Meese, 854 F.2d 528 (D.C. Cir. 1988)

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U.S. Court of Appeals for the District of Columbia Circuit - 854 F.2d 528 (D.C. Cir. 1988) Aug. 3, 1988

Before WALD, Chief Judge, MIKVA and HARRY T. EDWARDS, Circuit Judges.


JUDGMENT

This case was considered on the record on appeal from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented occasion no need for a published opinion. See D.C. Cir. Rule 14(c). It is

ORDERED and ADJUDGED by the court that the district court's order filed December 21, 1987 be affirmed. Appellant's complaint presented no factual or legal basis for relief. See Brandon v. District of Columbia Board of Parole, 734 F.2d 56, 59 (D.C. Cir. 1984), cert. denied, 469 U.S. 1127 (1985). Therefore, the district court's decision dismissing it as frivolous was clearly correct. 28 U.S.C. § 1915(d). The court should, however, revoke in forma pauperis status upon dismissal under similar circumstances in the future. See Sills v. Bureau of Prisons, 761 F.2d 792, 795 (D.C. Cir. 1985).

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