
    Clyde Lacy RATTLER, Appellant v. SECRETARY OF HEALTH AND HUMAN SERVICES, Appellee.
    No. 10-5312.
    United States Court of Appeals, District of Columbia Circuit.
    Dec. 8, 2010.
    Clyde Lacy Rattler, Washington, DC, pro se.
    . R. Craig Lawrence, U.S. Attorney’s Office, Washington, DC, for Appellee.
    BEFORE: SENTELLE, Chief Judge, and GARLAND and BROWN, 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 brief and supplement filed by the 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 31, 2010, be affirmed. Appellant has not identified any error in the district court’s conclusion that the complaint was frivolous because “it lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published.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