BARBER v. DIST. OF COLUMBIA, 06-7005 (D.C. Cir. 7-24-2007)

Cornell W. Barber, Appellant v. District of Columbia, et al., Appellees.

No. 06-7005.United States Court of Appeals, District of Columbia Circuit.
Filed On: July 24, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

BEFORE: Ginsburg, Chief Judge, and Garland and Kavanaugh, Circuit Judges.

Per Curiam.

ORDER
Upon consideration of the motion to recall the mandate, it is.

ORDERED that the motion be denied. This court’s inherent power to recall its mandate “can be exercised only in extraordinary circumstances,” Calderon v. Thompson, 523 U.S. 538, 550 (1998), and appellant has not demonstrated such extraordinary circumstances exist here. Appellant apparently seeks withdrawal of the mandate so that he may file a petition for writ of certiorari in the Supreme Court. But the deadline for petitioning for a writ of certiorari began to run from the date on which this court denied appellant’s petition for rehearing en banc, and had expired by the time appellant filed his motion to recall the mandate. See Supreme Court Rule 13(3).

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