Henry Elem v. Scott Bessent

United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________

No. 25-5275 September Term, 2025 1:25-cv-00780-UNA Filed On: August 18, 2026 Henry Elem,

Appellant v.

Scott Bessent, Secretary of Department of

Treasury, et al.,

Appellees

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

BEFORE: Millett, Wilkins, and Katsas, 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). It is

ORDERED AND ADJUDGED that the district court’s order filed on April 25, 2025, dismissing appellant’s complaint as frivolous be affirmed. See Neitzke v. Williams, 490 U.S. 319, 325 (1989) (case is frivolous when it lacks “an arguable basis either in law or in fact”). Contrary to appellant’s contention on appeal, the district court dismissed the complaint based on the frivolousness of the claims raised therein, and not because of appellant’s perceived ideology.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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. 25-5275 September Term, 2025 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: Clifton B. Cislak, Clerk BY: /s/ Daniel J. Reidy Deputy Clerk

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