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]

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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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