Opinion
No. 07-5183.
Filed On: February 7, 2008.
BEFORE: Ginsburg, Chief Judge, and Sentelle and Griffith, Circuit Judges.
ORDER
Upon consideration of the motion for summary reversal and the supplements and related notices thereto; and the motion for injunction pending appeal and for declaratory relief (styled "motion for judicial intervention, etc." and "motion to take declaratory rulings"), it is.
ORDERED that the motion for summary reversal be denied and, on the court's own motion, that the district court's order filed April 30, 2007, be summarily affirmed. The motion for summary reversal placed the merits of this appeal before the court. See U.S. v. Ecker, 479 F.2d 1206, 1208 n. 4 (D.C. Cir. 1973). Because the appropriate disposition is so clear, summary action is warranted. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). Neither the district court nor this court has authority to compel the Clerk of the Supreme Court to take any action. See Marin v. Suter, 956 F.2d 339 (D.C. Cir. 1992) (per curiam). Furthermore, to the extent appellant is challenging the constitutionality of the Prison Litigation Reform Act ("PLRA"), that challenge is meritless. See Tucker v. Branker, 142 F.3d 1294 (D.C. Cir. 1998) (upholding constitutionality of PLRA filing-fee provision). It is.
FURTHER ORDERED that the motion for injunction pending appeal and for declaratory relief be denied.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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.
ORDER
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 be directed to pay on appellant's behalf the initial partial filing fee of $6.57, 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 per cent 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 and must be designated as made in payment of the filing fee for Case No. 07-5183, an appeal from Civil Action No. 07cv0783. 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. 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.