Derrick Vernon Cole, Appellant, v. Norman Mineta, Congressman, et al, 976 F.2d 45 (D.C. Cir. 1992)

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U.S. Court of Appeals for the District of Columbia Circuit - 976 F.2d 45 (D.C. Cir. 1992) Sept. 17, 1992

Before STEPHEN F. WILLIAMS, SENTELLE and KAREN LeCRAFT HENDERSON, Circuit Judges.

ORDER

PER CURIAM.


Upon consideration of the response to the court's July 23, 1992 order to show cause, it is

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

FURTHER ORDERED, on the court's own motion, that the district court's order filed August 9, 1991 be summarily affirmed. 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.) (per curiam); Walker v. Washington, 627 F.2d 541, 545 (D.C. Cir.) (per curiam), cert. denied, 449 U.S. 994 (1980). Because appellant's complaint is frivolous, see Denton v. Hernandez, 112 S. Ct. 1728 (1992), it was properly dismissed pursuant to 28 U.S.C. § 1915(d).

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.