Thomas v. Holder, Jr., et al., No. 12-5228 (D.C. Cir. 2014)
Annotate this CaseAppellant failed to respond to the court's order to show cause why he should not be compelled to pay a filing fee. The court dismissed the appeal for failure to prosecute. Appellant then moved for reconsideration. Appellant sought to compel the Attorney General to reclassify marijuana from Schedule I to Schedule V, arguing primarily that the Controlled Substances Act (CSA), 21 U.S.C. 812, requires such action because of the drug's accepted medical uses. The court concluded, however, that the agency to which the Attorney General has delegated its CSA reclassification authority engaged in no abuse of discretion when it refused to reclassify marijuana as appropriate for medical use. Further, mandamus is not warranted in this case. Accordingly, the court denied the motion because the claims appellant raised in his appeal were without merit and the court saw no reason to reinstate his appeal.
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