Opinion
Nos. 06-5195, 06-5290.
April 16, 2008.
BEFORE: Tacha, McConnell and Gorsuch, Circuit Judges.
Judge Tacha, Judge McConnell, and Judge Gorsuch are judges of the United States Court of Appeals for the Tenth Circuit, sitting by designation pursuant to 28 U.S.C. § 291(a).
ORDER
Upon consideration of the order to show cause filed November 15, 2007; and appellant's motion for recusal, styled as "Motion to Disqualify Remove . . . Tenth Circuit Panel of Judges . . . and to Vacate all of the Panel's Issued Orders," filed March 21, 2008, it is
ORDERED that the district court's orders filed May 30, 2006, and July 19, 2006, dismissing as frivolous appellant's complaints in Civil Action Nos. 1:06-cv-00987-UNA and 1:06-cv-01095-EGS, respectively, 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). The complaints contain factual allegations that are so implausible as to be "fantastic or delusional." Neitzke v. Williams, 490 U.S. 327-28 (1989). Accordingly, the district court properly dismissed the cases as frivolous. See 28 U.S.C. § 1915(e)(2)(B)(I). It is
FURTHER ORDERED that the motion for recusal be denied. See Sec. Exch. Comm'n v. Loving Spirit Found. Inc., 392 F.3d 486, 494 (D.C. Cir. 2004) (observing that adverse judicial decisions "virtually never provide a basis for recusal").
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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.