II v. Scott S. Harris, Clerk of the Supreme Court, et al., Appellees

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United States Court of Appeals, District of Columbia Circuit.

Charles Lee Gillenwater, II, Appellant v. Scott S. Harris, Clerk of the Supreme Court, et al., Appellees

No. 16-5107

Decided: October 05, 2016

BEFORE: Brown and Griffith, Circuit Judges; Ginsburg, Senior Circuit Judge

ORDER

Upon consideration of the motion for access to transcripts, the motion for summary affirmance and the opposition thereto, and the motion for sanctions and the opposition thereto, it is

ORDERED that the motion for summary affirmance be granted. The merits of the parties' positions are so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). Appellant seeks relief from the Supreme Court Clerk's refusal to file his untimely petition for writ of certiorari. The district court correctly determined it lacked jurisdiction to review decisions of the United States Supreme Court, including those of its Clerk. See In re Marin, 956 F.3d 339, 340 (D.C. Cir. 1992) (per curiam). It is

FURTHER ORDERED that the motion for sanctions be denied. It is

FURTHER ORDERED that the motion for access to transcripts be dismissed as moot.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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

FOR THE COURT:

Mark J. Langer, Clerk

BY: Robert J. Cavello Deputy Clerk

Per Curiam