Arthur Morello, Appellant v. Department of Justice, et al, 948 F.2d 1337 (D.C. Cir. 1991)

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US Court of Appeals for the District of Columbia Circuit - 948 F.2d 1337 (D.C. Cir. 1991) Nov. 4, 1991

Before HARRY T. EDWARDS, SILBERMAN and STEPHEN F. WILLIAMS, Circuit Judges.

ORDER

PER CURIAM.


Upon consideration of the motion for summary affirmance and the opposition thereto, it is

ORDERED that the motion be granted. Appellant has failed to exhaust his administrative remedies because he has failed to pay the applicable fees under the Freedom of Information Act. See Crooker v. CIA, 577 F. Supp. 1220 (D.D.C. 1984). The merits of the parties' position 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.