Friedrich Lu v. Julio Castillo ( 2023 )

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 23-5011 September Term, 2022
1:22-cv-03683-JMC
Filed On: April 10, 2023
Friedrich Lu,
Appellant
v.
Julio A. Castillo, Clerk, et al.,
Appellees
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
BEFORE: Pillard and Childs, 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 and the motion for
injunction, it is
ORDERED that the motion for injunction be denied. It is
FURTHER ORDERED AND ADJUDGED that the district court’s December 22,
2022 order be affirmed. Appellant argues in his brief and in his motion that two motions
for preliminary injunctions that he either filed or attempted to file in district court should
have been granted. However, the denial of a motion for a preliminary injunction
“merge[s]” into a final decision on the merits, Conecuh-Monroe Cmty. Action Agency v.
Bowen, 852 F.2d 581, 586 (D.C. Cir. 1988), and appellant has shown no error in the
district court’s dismissal of his claims. He has identified no federal right enforceable
under 42 U.S.C. § 1983 to file an amicus brief, and he has forfeited any challenge to
the dismissal of his claim under the Racketeer Influenced and Corrupt Organizations
Act by not addressing that claim in his brief, see United States ex rel. Totten v.
Bombardier Corp., 380 F.3d 488, 497 (D.C. Cir. 2004). Consequently, he cannot show
that he was entitled to the requested injunctive relief.
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 23-5011 September Term, 2022
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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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