Jacob Bergeron v. J.C. Hacker ( 2021 )

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 20-5299 September Term, 2020
1:20-cv-01864-UNA
Filed On: April 2, 2021
Jacob Andrew Bergeron,
Appellant
v.
J.C. Hacker, Of Atlanta, Federal Bureau of
Investigation, et al.,
Appellees
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
BEFORE: Rogers, Wilkins, and Rao, 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 orders filed July 28, 2020,
and September 9, 2020, be affirmed. The district court properly dismissed the
complaint as frivolous. See 28 U.S.C. § 1915(e)(2)(B); Neitzke v. Williams, 490 U.S.
319, 325 (1989) (explaining that a complaint is frivolous “where it lacks an arguable
basis either in law or in fact”). Appellant has not shown any abuse of discretion in the
district court’s denial of reconsideration. See Firestone v. Firestone, 76 F.3d 1205,
1208 (D.C. Cir. 1996) (per curiam). Additionally, appellant has not shown that the
district court erred in striking the amended complaint. Appellant had not sought leave
of the court to file the amended complaint, as required by Federal Rule of Civil
Procedure 15. Moreover, the proposed amendment would have been futile. See
Hettinga v. United States, 677 F.3d 471, 480 (D.C. Cir. 2012) (per curiam) (“A district
court may deny a motion to amend a complaint as futile if the proposed claim would not
survive a motion to dismiss.”).
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 20-5299 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Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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/
Michael C. McGrail
Deputy Clerk
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