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    Braun v. Stotts, 134 F.3d 382, 10th Cir. (1998)

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    This order affirms the district court's dismissal of a civil rights action filed by Conrad J. Braun against multiple defendants. The appellate panel determined after examination of the record that the district court correctly dismissed the action. The panel also found the appeal to be frivolous and that this constitutes a prior occasion for Braun under 28 U.S.C. §1915(g), meaning Braun must pay all appellate fees after paying district court fees.

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    Braun v. Stotts, 134 F.3d 382, 10th Cir. (1998)

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    This order affirms the district court's dismissal of a civil rights action filed by Conrad J. Braun against multiple defendants. The appellate panel determined after examination of the record that the district court correctly dismissed the action. The panel also found the appeal to be frivolous and that this constitutes a prior occasion for Braun under 28 U.S.C. §1915(g), meaning Braun must pay all appellate fees after paying district court fees.

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    Filed: 1998-02-04 Precedential Status: Non-Precedential Citations: 134 F.3d 382 Docket: 97-3197

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    This order affirms the district court's dismissal of a civil rights action filed by Conrad J. Braun against multiple defendants. The appellate panel determined after examination of the record that the district court correctly dismissed the action. The panel also found the appeal to be frivolous and that this constitutes a prior occasion for Braun under 28 U.S.C. §1915(g), meaning Braun must pay all appellate fees after paying district court fees.

    Copyright:

    Public Domain
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    Download as pdf
    7 views2 pages

    Braun v. Stotts, 134 F.3d 382, 10th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    This order affirms the district court's dismissal of a civil rights action filed by Conrad J. Braun against multiple defendants. The appellate panel determined after examination of the record that the district court correctly dismissed the action. The panel also found the appeal to be frivolous and that this constitutes a prior occasion for Braun under 28 U.S.C. §1915(g), meaning Braun must pay all appellate fees after paying district court fees.

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    of 2

    F I L E D

    UNITED STATES COURT OF APPEALS


    TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    FEB 4 1998

    PATRICK FISHER
    Clerk

    CONRAD J. BRAUN,
    v.

    Plaintiff-Appellant,

    GARY STOTTS; ROBERT T.


    STEPHAN; JAMES FRANCISCO; S. D.
    WILSON; DONNA K. BRAUN; JOHN
    DOE, Director of Johnson County Victim
    Assistance; LYNN STEMM; THOMAS
    BATH; LEAWOOD POLICE
    DEPARTMENT; WILLIAM
    COPELAND; E. MICHAEL WARNER;
    JON S. WILLARD; LINDA
    COPELAND; VIRGINIA M. HAMMES;
    (NFN) MAHER, Parole Officer; KRISTI
    HEIBERT; REX DAVIS; VAN EATON;
    CHARLES SIMMONS; LUIS ALONZO;
    BILL MISKELL; PHIL SWOPES;
    SHERMAN PARKS; JOAN
    BENGSTON; MICAH ROSS; KANSAS
    PAROLE BOARD; (NFN) BROWN, Lt.;
    ROBERT N. ROBERTS; WILLIAM
    CUMMINGS; ROBERT HANNIGAN;
    CHERYL ALLEN; MARK SHERMAN;
    TIMOTHY MADDEN; SAM TUCKER;
    J. STEPHEN COX; JOE LANGER;
    DAVID RAWLINGS; LINDA L.
    PARKER; STEPHEN D. HILL; DAN
    STEWART; BOARD OF EDUCATION
    OF THE SHAWNEE MISSION
    SCHOOL,
    Defendants-Appellees.

    No. 97-3197
    (D.C. No. 93-3118-GTV)
    (District of Kansas)

    ORDER AND JUDGMENT*


    Before PORFILIO, KELLY, and HENRY, Circuit Judges.

    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); 10th Cir. R. 34.1.9. The case is therefore ordered
    submitted without oral argument.
    This is an appeal from the dismissal of a civil rights action. Our examination of
    the record indicates the action was correctly dismissed. We AFFIRM for the reasons
    stated in the district courts order of June 19, 1997.
    We find this appeal is FRIVOLOUS under 28 U.S.C. 1915(g) and determine
    this is a prior occasion within the meaning of that section. Appellant must pay all of his
    outstanding appellate fees after full payment of all fees accessed in the district court.
    ENTERED FOR THE COURT
    John C. Porfilio
    Circuit Judge
    This order and judgment is not binding precedent, except under the doctrines of
    law of the case, res judicata, and collateral estoppel. This court generally disfavors the
    citation of orders and judgments; nevertheless, an order and judgment may be cited under
    the terms and conditions of 10th Cir. R. 36.3.
    *

    -2-

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