Morris Davis v. James Billington, et al
Filing
30
PER CURIAM JUDGMENT filed [1376528]
that the order of the District Court, denying Mulhollan's motion to dismiss, appealed from in this cause is hereby vacated, and the case is remanded with instructions to dismiss Davis's Bivens claims
for the reasons in the accompanying opinion
. Before Judges: Sentelle, Henderson and Rogers. [11-5092] [Entered: 06/01/2012 10:22 AM]
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
No. 11-5092
September Term, 2011
FILED ON: JUNE 1, 2012
MORRIS D. DAVIS,
APPELLEE
v.
JAMES H. BILLINGTON, IN HIS OFFICIAL CAPACITY AS THE LIBRARIAN OF CONGRESS,
APPELLEE
DANIEL P. MULHOLLAN, IN HIS INDIVIDUAL CAPACITY,
APPELLANT
Appeal from the United States District Court
for the District of Columbia
(No. 1:10-cv-00036)
Before: SENTELLE, Chief Judge, HENDERSON and ROGERS, Circuit Judges
JUDGMENT
This cause came on to be heard on the record on appeal from the United States District Court
for the District of Columbia and was argued by counsel. On consideration thereof, it is
ORDERED and ADJUDGED that the order of the District Court, denying Mulhollan’s
motion to dismiss, appealed from in this cause is hereby vacated, and the case is remanded with
instructions to dismiss Davis’s Bivens claims, in accordance with the opinion of the court filed herein
this date.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY:
/s/
Jennifer M. Clark
Deputy Clerk
Date: June 1, 2012
Opinion for the court filed by Chief Judge Sentelle.
Dissenting opinion filed by Circuit Judge Rogers.
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