204 F. App'x 898

Tyrone HURT, Appellant v. Richard M. NIXON, Former President, Appellee.

No. 06-5249.

United States Court of Appeals, District of Columbia Circuit.

Oct. 30, 2006.

Tyrone Hurt, Washington, DC, pro se.

R. Craig Lawrence, Assistant U.S. Attorney, U.S. Attorney’s Office, Washington, DC, for Appellee.

BEFORE: GINSBURG, Chief Judge, and ROGERS and KAVANAUGH, Circuit Judges.

JUDGMENT

PER CURIAM.

This appeal was considered on the record from the United States District Court for the District of Columbia and on the *899brief filed by appellant. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court’s order filed August 22, 2006, be affirmed. Dismissal with prejudice is justified when a district court determines that “‘allegation of other facts consistent with the challenged pleading could not possibly cure the deficiency.’ ” Firestone v. Firestone, 76 F.3d 1205, 1209 (D.C.Cir. 1996) (quoting Jarrell v. United States Postal Serv., 753 F.2d 1088, 1091 (D.C.Cir. 1985) (other quotations omitted)). The district court properly dismissed appellant’s complaint with prejudice where he could not possibly state a claim for damages resulting from his allegations concerning the late President Nixon.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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.

Hurt v. Nixon
204 F. App'x 898

Case Details

Name
Hurt v. Nixon
Decision Date
Oct 30, 2006
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204 F. App'x 898

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United States

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