Nickholas Knight, Sr. v. Joe Biden Admin ( 2023 )

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 23-5056 September Term, 2022
1:23-cv-00492-UNA
Filed On: June 9, 2023
Nickholas Knight, Sr.,
Appellant
v.
Joe Biden Admin, et al.,
Appellee
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
BEFORE: Millett and Pillard, 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 the amended 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 to
appoint counsel, the motion to stay pending appeal and the supplement thereto, and the
motion for judgment, it is
ORDERED that the motion to appoint counsel be denied. In civil cases,
appellants are not entitled to appointment of counsel when they have not demonstrated
any likelihood of success on the merits. It is
FURTHER ORDERED that the motion for judgment be denied. It is
FURTHER ORDERED AND ADJUDGED that the district court’s March 6, 2023,
order be affirmed. The district court properly dismissed appellant’s case without
prejudice for failure to comply with Federal Rule of Civil Procedure 8(a). Appellant’s
complaint did not set forth “a short and plain statement of the claim showing that the
pleader is entitled to relief,” which is required in order to “give the defendant fair notice of
what the claim is and the grounds upon which it rests.” Jones v. Kirchner, 835 F.3d 74,
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 23-5056 September Term, 2022
79 (D.C. Cir. 2016) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). It
is
FURTHER ORDERED that the motion to stay pending appeal be dismissed as
moot.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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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