Gregory Bartko, Appellant v. United States Department of Justice, et al., Appellees
Upon consideration of the motion for summary affirmance, the response thereto, and the reply; and the motion to expedite, the response thereto, and the reply, it is
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 the motion to expedite be denied. It is
FURTHER ORDERED that
Deanne E. Maynard
Morrison & Foerster LLP
2000 Pennsylvania Ave., NW
Washington, DC 20006-1888
a member of the Bar of this court, be appointed as amicus curiae to present arguments in favor of appellant's position.
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.