No. 07-5031.United States Court of Appeals, District of Columbia Circuit.
Filed On: July 11, 2007.
BEFORE: Sentelle, Henderson, and Tatel, Circuit Judges.
ORDER
Per Curiam
Upon consideration of the motion for summary affirmance and the opposition thereto; and the motion for appointment of counsel, it is
ORDERED that the motion for appointment of counsel be denied. With the exception of defendants appealing or defending in criminal cases, appellants are not entitled to appointment of counsel when they have not demonstrated sufficient likelihood of success on the merits. It is
FURTHER ORDERED that the motion for summary affirmance be granted. The merits of the parties’ positions are so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). The district court properly dismissed the case and denied reconsideration because habeas corpus “is the exclusive remedy for a federal prisoner bringing any claim that would have a `probalistic impact’ upon the duration of his custody.” Bourke v. Hawk-Sawyer, 269 F.3d 1072, 1074 (D.C. Cir. 2001); see also Razzoli v. BOP, 230 F.3d 371, 376 (D.C. Cir. 2000). We modify the district court’s judgment, however, to state that dismissal is without prejudice to appellant’s right to pursue his claim for release in the proper forum and manner.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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.
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Upon consideration of the trust account report and the consent to collection of fees, it is
ORDERED that pursuant to appellant’s consent to collection of fees, appellant’s custodian is directed to pay on appellant’s behalf the initial partial filing fee of $287.77, to be withheld from appellant’s trust fund account. See 28 U.S.C. §§ 1915(b)(1). The payment must be by check or money order made payable to Clerk, U.S. District Court for the District of Columbia. Appellant’s custodian also is directed to collect and pay from appellant’s trust account monthly installments of 20 percent of the previous month’s income credited to appellant’s account, until the full $455 docketing fee has been paid. See 28 U.S.C. §§ 1915(b)(2). Such payments must be made each month the amount in the account exceeds $10. The payment must be by check or money order made payable to Clerk, U.S. District Court for the District of Columbia and must be designated as made in payment of the filing fee for Case No. 07-5031, an appeal from Civil Action No. 06cv1346. A copy of this order must accompany each remittance. In the event appellant is transferred to another institution, the balance due must be collected and paid to the Clerk by the custodian at appellant’s next institution. Appellant’s custodian must notify the Clerk, U.S. Court of Appeals for the District of Columbia Circuit and the Clerk, U.S. District Court for the District of Columbia, in the event appellant is released from custody.
The Clerk is directed to send a copy of this order to appellant, by whatever means necessary to ensure receipt, and to the Clerk, U.S. District Court for the District of Columbia. The Clerk is further directed to send to appellant’s custodian a copy of this order and appellant’s consent to collection of fees.
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