R. Brooks v. DOJ

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

R. Brooks v. DOJ

Opinion

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 21-5199 September Term, 2021 1:21-cv-02235-UNA Filed On: January 18, 2022 R. L. Brooks, Jr.,

Appellant

v.

United States Department of Justice,

Appellee

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

BEFORE: Millett and Wilkins, 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 on the brief filed by appellant. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). Upon consideration of the foregoing, and appellant’s motion to amend, it is

ORDERED AND ADJUDGED that the district court’s August 27, 2021 order be affirmed. Appellant has not shown that the district court erred in concluding that his complaint did not contain a short and plain statement of the claim showing that he is entitled to relief. See Fed. R. Civ. P. 8(a). Because the complaint was dismissed without prejudice, appellant may refile a new complaint in district court that complies with the requirements of Federal Rule of Civil Procedure 8(a). It is

FURTHER ORDERED that the motion to amend be denied without prejudice to filing a new complaint in district court. United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 21-5199 September Term, 2021

Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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

Page 2

Reference

Status
Unpublished