Uni'que Godson v. VA
Uni'que Godson v. VA
Opinion
United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 22-5196 September Term, 2022 1:22-cv-00966-UNA Filed On: December 13, 2022 Evangelistic Chaplain Uni'que Godson,
Appellant
v.
Veterans Administration, et al.,
Appellees
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
BEFORE: Katsas and Walker, 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, the motions to appoint counsel, and the motion for a cease and desist order, which the court construes as requesting injunctive relief, it is
ORDERED that the motions for appointment of 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 that the motion for a cease and desist order be denied. Appellant has not identified any basis for injunctive relief. It is
FURTHER ORDERED AND ADJUDGED that the district court’s order filed May 16, 2022, be affirmed. Appellant has not raised any argument regarding the merits of the district court’s dismissal and thus has forfeited any such challenge. See United States ex rel. Totten v. Bombardier Corp., 380 F.3d 488, 497 (D.C. Cir. 2004). In any event, this court lacks jurisdiction over claims affecting the provision of veterans’ benefits. Price v. United States, 228 F.3d 420, 421 (D.C. Cir. 2000). Additionally, sovereign immunity bars claims against the U.S. Postal Service in the absence of a United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 22-5196 September Term, 2022
waiver, Dolan v. U.S. Postal Serv., 546 U.S. 481, 484 (2006), and appellant has not shown any applicable waiver of sovereign immunity.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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- Unpublished