Sylvester Jones, Appellant, v. William K. Suter, Clerk, United States Supreme Court, et al, 988 F.2d 1280 (D.C. Cir. 1993)

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

ORDERED AND ADJUDGED that the district court's order filed September 27, 1991 be affirmed. The district court did not abuse its discretion in dismissing Jones' complaint as frivolous pursuant to 28 U.S.C. § 1915(d) (1988). See Denton v. Hernandez, 112 S. Ct. 1728, 1734 (1992); Neitzke v. Williams, 490 U.S. 319, 325 (1989). Similarly, where it is "patently obvious" that plaintiff cannot prevail on the facts alleged in the complaint, see Baker v. Director, United States Parole Comm'n, 916 F.2d 725, 726-27 (D.C. Cir. 1990) (per curiam), dismissal pursuant to Fed. R. Civ. P. 12(b) (6) is appropriate as well. It is

FURTHER ORDERED that appellant's motion for summary judgment by default be dismissed as moot.

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.