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54 F. App'x 7

Rivera ex rel. Young v. Dodrill

U.S. Courts of Appeals

Decided January 7, 2003

U.S. Courts of Appeals · decided 2003-01-07

Relies on Blair-Bey v. Quick · James E. McCall v. C. L. Swain, Superintendent, Lorton Reformatory · Blair-Bey v. Quick

Decided 2003-01-07

¶1JUDGMENT

PER CURIAM.

¶2Upon consideration of the record from the United States District Court for the District of Columbia, the brief filed by the appellant, and the motion for release pending appeal, it is

¶3ORDERED AND ADJUDGED that the district court’s dismissal of appellant’s petition filed pursuant to D.C.Code Ann. § 16-1901 be affirmed. Appellant is not “a person committed, detained, confined, or restrained from his lawful liberty within the District.” See D.C.Code Ann. § 16-1901(a); McCall v. Swain, 510 F.2d 167 (D.C.Cir.1975); Blair-Bey v. Quick, 151 F.3d 1036, 1042 (D.C.Cir.1998), clarified on reh’g, 159 F.3d 591 (D.C.Cir.1998); Taylor v. Washington, 808 A.2d 770, 774 n. 4 (D.C.2002). It is

¶4FURTHER ORDERED that the motion for release pending appeal be dismissed as moot.

¶5Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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. RApp. P. 41(b); D.C.Cir. Rule 41.

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