Webb v. Vratil , 372 F. App'x 909 ( 2010 )


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  •                                                                        FILED
    United States Court of Appeals
    Tenth Circuit
    April 14, 2010
    UNITED STATES COURT OF APPEALS
    Elisabeth A. Shumaker
    Clerk of Court
    TENTH CIRCUIT
    STEWART A. WEBB,
    Plaintiff-Appellant,
    v.
    No. 09-3371
    KATHRYN H. VRATIL, in her
    (D.C. No. 2:09-CV-2603-FJG)
    official capacity of Chief Judge for the
    (D. Kan.)
    United States District Court for the
    District of Kansas; and UNITED
    STATES DISTRICT COURT FOR
    THE DISTRICT OF KANSAS,
    Defendants-Appellees.
    ORDER AND JUDGMENT *
    Before MURPHY, GORSUCH, and HOLMES, Circuit Judges.
    Stewart A. Webb filed suit against the United States District Court for the
    District of Kansas, and against Kathryn Vratil, in her official capacity as the
    Chief Judge of that court. In a thorough six-page order, the district court denied
    *
    After examining appellant’s brief and the 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)(2) and 10th Cir. R.
    34.1(G). The case is therefore ordered submitted without oral argument. 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    order and judgment is not binding precedent except under the doctrines of law of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.
    Mr. Webb’s request to proceed in forma pauperis, concluding that the lawsuit was
    legally frivolous. See 
    28 U.S.C. § 1915
    (e)(2)(B)(i). Accordingly, the district
    court dismissed the case without prejudice to the filing of a pre-paid complaint.
    Mr. Webb appeals this decision and seeks permission to proceed on appeal
    in forma pauperis. For substantially the same reasons set out by the district court
    in its order, this court concludes that this appeal is frivolous or malicious. See
    also Price v. Vratil, No. 09-3172, 
    2010 WL 558555
    , at *1 (10th Cir. Feb. 18,
    2010) (unpublished) (reaching same result in similar appeal with similar
    complaint). Accordingly, we hereby dismiss this appeal and deny the request to
    proceed in forma pauperis on appeal. See 
    28 U.S.C. § 1915
    (e)(2)(B)(i) (“[T]he
    court shall dismiss the case at any time if the court determines . . . the . . . appeal
    is frivolous or malicious.”).
    ENTERED FOR THE COURT
    Neil M. Gorsuch
    Circuit Judge
    -2-
    

Document Info

Docket Number: 09-3371

Citation Numbers: 372 F. App'x 909

Judges: Gorsuch, Holmes, Murphy

Filed Date: 4/14/2010

Precedential Status: Non-Precedential

Modified Date: 8/1/2023