Beruflich Dokumente
Kultur Dokumente
3d 1436
NOTICE: Although citation of unpublished opinions remains unfavored,
unpublished opinions may now be cited if the opinion has persuasive value on a
material issue, and a copy is attached to the citing document or, if cited in oral
argument, copies are furnished to the Court and all parties. See General Order of
November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
further order.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination
of this appeal. See Fed. R.App. P. 34(a); Tenth Cir. R. 34.1.9. The cause is
therefore ordered submitted without oral argument.
Related to this issue is Appellant's contention that the district court failed to
conduct a de novo review of the Magistrate's findings and conclusions. Because
we have determined that Appellant's claims do not fall within the enumerated
exceptions to 636(b)(1)(A), they are non-dispositive matters which the district
court reviews under a "clearly erroneous or contrary to law" standard of review.
28 U.S.C. 636(b)(1)(A). See Clark v. Poulton, 963 F.2d 1361, 1363 (10th Cir.);
Ocelot Oil Corp. v. Sparrow Indus., 847 F.2d 1458, 1462 (10th Cir.).
Consequently, the district court did not err when it looked at the entire record,
including a recording of the enforcement hearing, but employed the clearly
erroneous standard to affirm the Magistrate's determinations.
10
Appellant also complains that he was not accorded due consideration of his pro
se status. See Meade v. Grubbs, 841 F.2d 1512, 1526 (10th Cir.) (pro se
litigants held to less stringent standards than professional attorneys). However,
we can find no procedural errors regarding the admissibility of evidence or the
12
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. The court generally
disfavors the citation of orders and judgments; nevertheless, an order and
judgment may be cited under the terms and conditions of the court's General
Order filed November 29, 1993. 151 F.R.D. 470