Surf Moore v. NSA

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 22-5299 September Term, 2022
1:22-cv-03110-UNA
Filed On: March 1, 2023
Surf Moore,
Appellant
v.
National Security Agency,
Appellee
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
BEFORE: Henderson and Katsas, 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). It is
ORDERED AND ADJUDGED that the district court’s October 21, 2022 order
dismissing appellant’s complaint and civil action be affirmed. The district court correctly
concluded that dismissal was warranted for substantially the same reasons as in Moore
v. NSA, No. 19-cv-3170 (D.D.C. Oct. 31, 2019), aff’d, No. 19-5324 (D.C. Cir. Feb. 5,
2020). Namely, that appellant’s allegations are baseless and wholly incredible. See,
e.g., Denton v. Hernandez, 504 U.S. 25, 32-33 (1992) (district court may dismiss as
frivolous a complaint whose factual allegations “rise to the level of the irrational or the
wholly incredible”).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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