Anthony Davis v. Joseph Biden, Jr.

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 20-7098 September Term, 2020 1:20-cv-01704-UNA Filed On: July 15, 2021 Anthony Leroy Davis, Individually and as Executive of the Estates of Wrongful Decendants Negros, Appellant v. Joseph R. Biden, Jr., Former Vice President, in his Individual Capacity, also known as Grand Wizard KKK, also known as Uncle Joe and Barack Hussein Obama, Former President, in his Individual Capacity, Appellees ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BEFORE: Millett and Wilkins, Circuit Judges, and Sentelle, Senior Circuit Judge JUDGMENT This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by appellant, which contains a request for en banc consideration. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is ORDERED that the request for en banc consideration be denied. See Fed. R. App. P. 35(a). It is FURTHER ORDERED AND ADJUDGED that the district court’s July 6, 2020 order denying appellant’s motion to proceed in forma pauperis and dismissing the appeal, and the district court’s August 13, 2020 order denying appellant’s motion for reconsideration, be affirmed. The district court correctly concluded that appellant has, United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 20-7098 September Term, 2020 while incarcerated, filed at least three civil actions or appeals that were dismissed on the ground that they were frivolous, malicious, or failed to state a claim. See 28 U.S.C. § 1915(g); Davis v. Obama, No. 13-5238 (D.C. Cir. Nov. 12, 2013) (per curiam) (listing cases). The district court also correctly concluded that appellant failed to demonstrate a nexus between his allegations of imminent danger of serious physical injury and his underlying claims for relief. See 28 U.S.C. § 1915(g); Pinson v. Dept. of Justice, 964 F.3d 65, 71 (D.C. Cir. 2020). Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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. Per Curiam FOR THE COURT: Mark J. Langer, Clerk BY: /s/ Daniel J. Reidy Deputy Clerk Page 2