WILLIAMS v. UNITED STATES (2019)

United States Court of Appeals, District of Columbia Circuit.

Franklin L. WILLIAMS, Appellant v. UNITED STATES of America, Appellee

No. 18-3008

Decided: January 15, 2019

BEFORE: Pillard and Katsas, Circuit Judges, and Sentelle, Senior Circuit Judge Franklin L. Williams, Pro Se Elizabeth Trosman, Esquire, Assistant U.S. Attorney, USAO Appellate Counsel, U.S. Attorney's Office, (USA) Appellate Division, Washington, DC, for Respondent - Appellee

JUDGMENT

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief and supplements filed by appellant. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). Upon consideration of the foregoing, and the motion to appoint counsel, it is

ORDERED that the motion to appoint counsel be denied. In civil cases, appellants are not entitled to appointment of counsel when they have not demonstrated sufficient likelihood of success on the merits. It is

FURTHER ORDERED AND ADJUDGED that the district court’s December 21, 2017 order dismissing appellant’s petition for writ of habeas corpus be affirmed. The district court correctly concluded that it lacked jurisdiction over the petition because there is no indication that appellant, who is incarcerated in Georgia, was convicted in the federal district court for the District of Columbia. See 28 U.S.C. § 2255(a).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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