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  • Bruton v. United States, 10th Cir. (2014)

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    The United States Court of Appeals for the Tenth Circuit affirmed the district court's dismissal of Alvin Bruton's claims against the United States and New Mexico regarding treatment at a Veterans Administration medical center. The district court had previously dismissed the claims against New Mexico. After over a year of disputes over Bruton's need for an expert witness, the district court also dismissed the remaining claim against the United States. In his appeal, Bruton did not address the district court's ruling or identify any errors, so the appeals court affirmed the dismissal as it cannot construct new arguments not raised by the litigant. Bruton's motions to proceed in forma pauperis and for reconsideration were also denied.

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    Filed: 2014-12-12 Precedential Status: Non-Precedential Docket: 14-2127

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    The United States Court of Appeals for the Tenth Circuit affirmed the district court's dismissal of Alvin Bruton's claims against the United States and New Mexico regarding treatment at a Veterans Administration medical center. The district court had previously dismissed the claims against New Mexico. After over a year of disputes over Bruton's need for an expert witness, the district court also dismissed the remaining claim against the United States. In his appeal, Bruton did not address the district court's ruling or identify any errors, so the appeals court affirmed the dismissal as it cannot construct new arguments not raised by the litigant. Bruton's motions to proceed in forma pauperis and for reconsideration were also denied.

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    4 views2 pages

    Bruton v. United States, 10th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Tenth Circuit affirmed the district court's dismissal of Alvin Bruton's claims against the United States and New Mexico regarding treatment at a Veterans Administration medical center. The district court had previously dismissed the claims against New Mexico. After over a year of disputes over Bruton's need for an expert witness, the district court also dismissed the remaining claim against the United States. In his appeal, Bruton did not address the district court's ruling or identify any errors, so the appeals court affirmed the dismissal as it cannot construct new arguments not raised by the litigant. Bruton's motions to proceed in forma pauperis and for reconsideration were also denied.

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    of 2

    FILED

    United States Court of Appeals


    Tenth Circuit

    December 12, 2014


    UNITED STATES COURT OF APPEALS
    Elisabeth A. Shumaker
    TENTH CIRCUIT

    Clerk of Court

    ALVIN D. BRUTON, SR.,


    Plaintiff - Appellant,
    No. 14-2127
    (D.C. No. 2:11-CV-00330-WJ-KBM)
    (D.N.M.)

    v.
    UNITED STATES OF AMERICA,
    Defendant - Appellee.

    ORDER AND JUDGMENT *

    Before GORSUCH, OBRIEN, and HOLMES, Circuit Judges.

    Unhappy with the treatment he received from the Veterans Administration


    Medical Center in Albuquerque, Alvin Bruton sued the United States and the
    State of New Mexico. The district court dismissed his claims against the State
    early on. After more than a year of unfruitful procedural wrangling over Mr.
    Brutons need for an expert witness to prove up his case against the United States,
    the district court dismissed that claim, too. In his briefing before us Mr. Bruton

    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)(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.

    doesnt directly address the district courts ruling, let alone identify any defect in
    it. While this court takes seriously its obligation to construe liberally pro se
    filings like Mr. Brutons, it will not invent arguments for reversal that a litigant
    does not ever even touch upon: the court cannot take on the responsibility of
    serving as the litigants attorney in constructing arguments and searching the
    record. Garrett v. Selby Connor Maddux & Janer, 425 F.3d 836, 840 (10th Cir.
    2005).
    The district courts judgment is affirmed. Mr. Brutons in forma pauperis
    motion and his motion to reconsider are denied, and he remains obligated to pay
    the $505 filing fee in full.
    ENTERED FOR THE COURT

    Neil M. Gorsuch
    Circuit Judge

    -2-

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