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12/22/87 Michael Emmett Wells, v. District of Columbia

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT


December 22, 1987

MICHAEL EMMETT WELLS, APPELLANT

v.

DISTRICT OF COLUMBIA, ET. AL. APPELLEES 1987.CDC.529 DATE FILED: DECEMBER 22, 1987

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Rules of the District of Columbia Circuit Court of Appeals may limit citation of unpublished opinions. Please refer to the Rules of the United States Court of Appeals for this Circuit.

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

JUDGMENT

This case was considered on the record on appeal from the United States District Court for the District of Columbia and was briefed and argued by counsel. While the issues presented on appeal occasion no need for a published opinion, we have accorded them full consideration. See D.C. Cir. R. 14(c) (Aug. 1, 1987).

After reviewing the record and briefs in this case, we find that appellant has failed to state a cause of action against either the United States of America or the District of Columbia officials named in his complaint. See Fed. R. Civ. P. 12(b)(6). Because appellant has failed to exhaust the remedies available to him in other forums, we also find that the claims against the District of Columbia were properly dismissed. Accordingly, it is

ORDERED and ADJUDGED by this court that the district court's order of dismissal be affirmed. It is

FURTHER ORDERED by this court, sua sponte, that the Clerk shall withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. R 15. This instruction to the Clerk is without prejudice to the right of any party at any time to move for expedited issuance of the mandate for good cause shown.

Per Curiam.

19871222

© 2002 VersusLaw Inc.



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