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  • Smith v. Colorado Department of Labor, 10th Cir. (2014)

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    Matthew Alan Smith filed a pro se action challenging Colorado's denial of his unemployment benefits. The trial court dismissed the case sua sponte for lack of subject matter jurisdiction. The appellate court affirmed the trial court's dismissal, agreeing that the court did not have jurisdiction over the case. The appellate court also denied Smith's request to proceed with his appeal without paying filing fees.

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    Filed: 2014-05-21 Precedential Status: Non-Precedential Docket: 13-1462

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    Matthew Alan Smith filed a pro se action challenging Colorado's denial of his unemployment benefits. The trial court dismissed the case sua sponte for lack of subject matter jurisdiction. The appellate court affirmed the trial court's dismissal, agreeing that the court did not have jurisdiction over the case. The appellate court also denied Smith's request to proceed with his appeal without paying filing fees.

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    3 views2 pages

    Smith v. Colorado Department of Labor, 10th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    Matthew Alan Smith filed a pro se action challenging Colorado's denial of his unemployment benefits. The trial court dismissed the case sua sponte for lack of subject matter jurisdiction. The appellate court affirmed the trial court's dismissal, agreeing that the court did not have jurisdiction over the case. The appellate court also denied Smith's request to proceed with his appeal without paying filing fees.

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    of 2

    FILED

    United States Court of Appeals


    Tenth Circuit

    UNITED STATES COURT OF APPEALS

    May 21, 2014


    TENTH CIRCUIT

    Elisabeth A. Shumaker
    Clerk of Court

    MATTHEW ALAN SMITH,


    Plaintiff Appellant,
    v.
    COLORADO DEPARTMENT OF
    LABOR AND EMPLOYMENT,

    No. 13-1462
    (D.C. No. 1:13-CV-02946-LTB)
    (D. Colo.)

    Defendant Appellee.

    ORDER AND JUDGMENT *

    Before LUCERO, McKAY, and MURPHY, Circuit Judges.

    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.
    Pro se Plainfiff, Mr. Matthew Alan Smith, filed this action challenging the
    State of Colorados failure to grant him unemployment benefits. The trial court
    dismissed the action sua sponte because of lack of subject matter jurisdiction.
    After reviewing the complaint and the trial courts order, we conclude the
    *

    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.

    trial court was correct. We therefore affirm for the reasons given by the trial
    court in its excellent and thorough order of dismissal.
    The trial court denied plaintiff leave to proceed on appeal in forma
    pauperis. We deny his renewed petition.
    The district court order dismissing the complaint and action is AFFIRMED.
    The appellee<s motion to take judicial notice is GRANTED.
    Entered for the Court

    Monroe G. McKay
    Circuit Judge

    -2-

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