Sherry Dow v. Debbie Stabenow ( 2021 )

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 21-5005 September Term, 2020
1:20-cv-02486-UNA
Filed On: August 23, 2021
Sherry Lynn Dow,
Appellant
v.
Debbie Stabenow, United States Senator
from Michigan, et al.,
Appellees
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
BEFORE: Millett and Wilkins, 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 for
emergency relief, for expedition, to halt, to waive, and for default judgment; and the
“petition for an extraordinary writ seeking relief from unreasonable delay,” which is
construed as a supplement to the motion for expedition, it is
ORDERED that the motion for emergency relief and the motion to halt, to waive,
and for default judgment be denied. It is
FURTHER ORDERED AND ADJUDGED that the district court’s order filed
October 6, 2020 be affirmed. The district court properly dismissed appellant’s case as
frivolous. See 28 U.S.C. § 1915(e)(2)(B); Neitzke v. Williams, 490 U.S. 319, 325 (1989)
(“[A] complaint . . . is frivolous where it lacks an arguable basis either in law or in fact.”).
It is
FURTHER ORDERED that the motion for expedition be dismissed as moot.
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 21-5005 September Term, 2020
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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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