No. 10-5250.United States Court of Appeals, District of Columbia Circuit.
Filed September 1, 2011.
BEFORE: Henderson, Tatel, and Griffith, Circuit Judges.
ORDER
PER CURIAM.
Upon consideration of the motion for appointment of counsel; appellant’s response to the order to show cause filed March 15, 2011; the order to show cause filed May 24, 2011; and the District of Columbia’s response thereto, it is
ORDERED that the motion for appointment of counsel be denied. In civil 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 order to show cause be discharged. It is
FURTHER ORDERED that the district court’s dismissal of the complaint against the District of Columbia be summarily affirmed. 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). Because appellant failed, despite appropriate warning, to file a timely response or a timely motion to extend the time to file a response to the District of Columbia’s motion to dismiss, and offered no explanation for that failure, the district court did not abuse its discretion in granting the motion to dismiss as conceded.See Fox v. American Airlines, Inc., 389 F.3d 1291, 1294 (D.C. Cir. 2004); Twelve John Does v.District of Columbia, 117 F.3d 571, 577 (D.C. Cir. 1997). The district court’s January 22, 2010 minute order granting appellant an extension of time to file a response was limited to the Department of Justice’s motion to dismiss and did not apply to the District’s motion to dismiss, which the court had already granted.See January 22, 2010 Minute Order (granting the motion for
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extension of time to file a response to document number 19, the motion to dismiss filed by the Department of Justice).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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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