Nickholas Knight, Sr. v. Joe Biden Admin

• Court: Court of Appeals for the D.C. Circuit
• Decided: June 9, 2023
• Docket: 23-5056
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 23-5056 September Term, 2022 1:23-cv-00492-UNA Filed On: June 9, 2023

Nickholas Knight, Sr.,

Appellant

v.

Joe Biden Admin, et al.,

Appellee

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

BEFORE: Millett and Pillard, Circuit Judges, and Sentelle, Senior Circuit Judge

JUDGMENT

This appeal was considered on the record from the United States District Court for the District of Columbia and the amended brief 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, the motion to stay pending appeal and the supplement thereto, and the motion for judgment, 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 any likelihood of success on the merits. It is

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

FURTHER ORDERED AND ADJUDGED that the district court’s March 6, 2023, order be affirmed. The district court properly dismissed appellant’s case without prejudice for failure to comply with Federal Rule of Civil Procedure 8(a). Appellant’s complaint did not set forth “a short and plain statement of the claim showing that the pleader is entitled to relief,” which is required in order to “give the defendant fair notice of what the claim is and the grounds upon which it rests.” Jones v. Kirchner, 835 F.3d 74, United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 23-5056 September Term, 2022

79 (D.C. Cir. 2016) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). It is

FURTHER ORDERED that the motion to stay pending appeal 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Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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.

Per Curiam

FOR THE COURT: Mark J. Langer, Clerk

BY: /s/ Daniel J. Reidy Deputy Clerk

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