Beruflich Dokumente
Kultur Dokumente
Elisabeth A. Shumaker
Clerk of Court
No.13-1465
(D.C. No. 1:13-CV-01707-LTB)
(D. Colo.)
Defendant - Appellee.
After examining the briefs and the appellate record, this panel has
determined unanimously that oral argument would not materially assist in the
determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
This case is therefore ordered submitted without oral argument.
This is a pro se civil rights appeal brought by a person who is in state
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
therefore affirm the district courts conclusion on that issue. Because we have
elected to address this previously unaddressed issue, we decline to impose a strike
under the Prison Litigation Reform Act.
Regarding the remaining issues on appeal, after reviewing the pleadings,
the record, and the trial courts Order of Dismissal, we have determined the
district court was correct and affirm for the reasons stated in its order.
It is therefore ordered that the trial courts Order of Dismissal is
AFFIRMED. We DENY Appellants renewed motion to appoint counsel.
However, as mentioned above, we GRANT Appellants motion to proceed ifp and
we remind Appellant that he must complete payment of the entire fee in
accordance with the order previously entered by the clerk of the court.
Monroe G. McKay
Circuit Judge