DAVIS v. BIDEN KKK (2021)

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, which contains a request for en banc consideration. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is

ORDERED that the request for en banc consideration be denied. See Fed. R. App. P. 35(a). It is

FURTHER ORDERED AND ADJUDGED that the district court's July 6, 2020 order denying appellant's motion to proceed in forma pauperis and dismissing the appeal, and the district court's August 13, 2020 order denying appellant's motion for reconsideration, be affirmed. The district court correctly concluded that appellant has, while incarcerated, filed at least three civil actions or appeals that were dismissed on the ground that they were frivolous, malicious, or failed to state a claim. See 28 U.S.C. § 1915(g); Davis v. Obama, No. 13-5238 (D.C. Cir. Nov. 12, 2013) (per curiam) (listing cases). The district court also correctly concluded that appellant failed to demonstrate a nexus between his allegations of imminent danger of serious physical injury and his underlying claims for relief. See 28 U.S.C. § 1915(g); Pinson v. Dept. of Justice, 964 F.3d 65, 71 (D.C. Cir. 2020).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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