U.S. Court of Appeals for the D.C. Circuit, 2024

Fernando Fontanez v. Joseph Biden, Jr.

Fernando Fontanez v. Joseph Biden, Jr.
U.S. Court of Appeals for the D.C. Circuit · Decided June 5, 2024

Fernando Fontanez v. Joseph Biden, Jr.

Opinion

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 24-5028 September Term, 2023 1:23-cv-03540-UNA Filed On: June 5, 2024 Fernando Fontanez, Appellant v. Joseph R. Biden, Jr., President and Janet L.

Yellen, U.S. Treasury Secretary, Appellees ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BEFORE: Wilkins, Childs, 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 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 January 12, 2024 be affirmed. The district court correctly determined that appellant lacked standing to pursue the relief sought. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 573-74 (1992) (“[A] plaintiff raising only a generally available grievance about government . . . does not state an Article III case or controversy.”). Although appellant contends that he has not raised a generally available grievance, he acknowledges that he “seeks relief for everyone in the country and world.”

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 24-5028 September Term, 2023 Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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

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