Dennis Brewer v. Christopher Wray

United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________

No. 22-5158 September Term, 2022 1:22-cv-00996-UNA Filed On: September 20, 2022 Dennis Sheldon Brewer,

Appellant v.

Christopher A. Wray, Mr., Director, Federal

Bureau of Investigation, et al.,

Appellees

ON APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

BEFORE: Henderson 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 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 the motion to appoint counsel, 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 sufficient likelihood of success on the merits. It is

FURTHER ORDERED AND ADJUDGED that the district court’s order filed on May 16, 2022, be affirmed. The district court properly dismissed the case on the ground that it is frivolous. See 28 U.S.C. § 1915(e)(2)(B); Denton v. Hernandez, 504 U.S. 25, 32-33 (1992) (district court may dismiss as frivolous a complaint whose factual allegations “rise to the level of the irrational or the wholly incredible”); see also Best v. Kelly, 39 F.3d 328, 330-31 (D.C. Cir. 1994) (suggesting “bizarre conspiracy theories” and “fantastic government manipulations of [] will or mind” are claims that may warrant dismissal).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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 United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________

No. 22-5158 September Term, 2022 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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