Fernando Fontanez v. Federal Reserve

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

Fernando Fontanez v. Federal Reserve

Opinion

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 24-5178 September Term, 2024 1:24-mc-00077-UNA Filed On: October 15, 2024 Fernando Fontanez,

Appellant

v.

Federal Reserve and Jerome H. Powell,

Appellees

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

BEFORE: Millett, Pillard, and Pan, Circuit Judges

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 motion to appoint counsel, and the motion to compel, 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 that the motion to compel be dismissed as moot. This court has full access to the district court record, including the documents appellant was denied leave to file. It is

FURTHER ORDERED AND ADJUDGED that the district court’s order filed July 10, 2024, be affirmed. The district court correctly concluded that appellant lacked standing to pursue the relief sought. “[A] plaintiff raising only a generally available grievance . . . and seeking relief that no more directly and tangibly benefits him than it does the public at large . . . does not state an Article III case or controversy.” Lujan v. Defs. of Wildlife, 504 U.S. 555, 573-74 (1992). United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 24-5178 September Term, 2024

Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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Unpublished