U.S. Court of Appeals for the D.C. Circuit, 2010

West v. Cabral

West v. Cabral
U.S. Court of Appeals for the D.C. Circuit · Decided March 30, 2010 · Garland, Henderson, Sentelle
373 F. App'x 79

West v. Cabral

Opinion of the Court

JUDGMENT

PER CURIAM.

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by the appellant. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court’s order issued November 19, 2009, be affirmed. The district court prop*80erly dismissed the complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), because its bare assertion of “Fraud and False Statement” against the former United States Treasurer “lacks an arguable basis either in law or in fact.” See Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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

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