Matthew Sluss, Appellant v. United States Department of Justice, International Prisoner Transfer Unit, Appellee

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United States Court of Appeals, District of Columbia Circuit.

Matthew Sluss, Appellant v. United States Department of Justice, International Prisoner Transfer Unit, Appellee

No. 16-5373

Decided: September 07, 2017

BEFORE: Tatel and Wilkins, Circuit Judges

ORDER

Upon consideration of the motion for summary affirmance, the response thereto, and the reply; the motion for leave to file a sur-reply; the motion to appoint counsel or amicus; and the motion to supplement the record, it is

ORDERED that the motion for leave to file a sur-reply be denied. It is

FURTHER ORDERED that the motion for summary affirmance be denied. The merits of the parties' positions are not so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). It is

FURTHER ORDERED that

Erica Hashimoto

Georgetown University Law Center

111 F Street, NW

Washington, D.C. 20001

a member of the Bar of this court, be appointed as amicus curiae to present arguments in favor of appellant's position. It is

FURTHER ORDERED that the motion to supplement the record be referred to the merits panel to which this case is assigned. The parties are directed to address in their briefs the issues presented in the motion to supplement rather than incorporate those arguments by reference. The parties may refer to the supplemental material in their briefs, but must identify it as such.

Because the court has determined that summary disposition is not in order, the Clerk is instructed to calendar this case for presentation to a merits panel.

Per Curiam