HOLT v. UNITED STATES (2019)

United States Court of Appeals, District of Columbia Circuit.

Joshua P.H. HOLT, Appellant v. UNITED STATES of America, Appellee

No. 18-5044

Decided: January 02, 2019

BEFORE: Pillard and Katsas, Circuit Judges, and Sentelle, Senior Circuit Judge Joshua P.H. Holt, Pro Se R. Craig Lawrence, U.S. Attorney's Office, (USA) Civil Division, Washington, DC, for Defendant - Appellee

JUDGMENT

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by appellant. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court’s November 20, 2017 order be affirmed. See 28 U.S.C. § 1915(e)(2)(B)(i). The district court properly determined that appellant’s complaint was frivolous. See Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989) (“[A] complaint ․ is frivolous where it lacks an arguable basis either in law or in fact.”).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.

Per Curiam