FONTAINE v. TRUMP (2019)

United States Court of Appeals, District of Columbia Circuit.

Robert J. FONTAINE, Appellant v. Donald J. TRUMP, President of the United States of America, Appellee

No. 18-5240

Decided: January 16, 2019

BEFORE: Tatel and Griffith, Circuit Judges, and Sentelle, Senior Circuit Judge Robert J. Fontaine, 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 order filed July 10, 2018, be affirmed. Appellant has identified no error in the district court's conclusion that the President of the United States is not a proper defendant in this action challenging conduct of employees of the legislative branch, because the President does not oversee that separate branch of government. See Loving v. United States, 517 U.S. 748, 756-58, 116 S.Ct. 1737, 135 L.Ed.2d 36 (1996) (“[I]t remains a basic principle of our constitutional scheme that one branch of the Government may not intrude upon the central prerogatives of another.”).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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