Schweitzer v. Schweitzer ( 1997 )

F I L E D
United States Court of Appeals
Tenth Circuit
SEP 3 1997
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT PATRICK FISHER
Clerk
GEORGE L. SCHWEITZER,
Plaintiff - Appellant, No. 97-4053
v. D. Utah
DANIEL S. SCHWEITZER; HAZEL (D.C. No. 96-CV-850-S)
E. WUNDROW HANNEMAN
SCHWEITZER,
Defendants - Appellees.
ORDER AND JUDGMENT *
Before ANDERSON, HENRY, and BRISCOE, 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. This cause 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This order and judgment is not binding precedent, except under the doctrines of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. The 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.
Plaintiff and appellant George L. Schweitzer, appearing pro se, appeals the
dismissal of his First Amended Complaint for failure to state a claim, for failure
to show entitlement to relief, and for failure to plead facts necessary to permit
defendant and appellee Daniel S. Schweitzer to respond. We conclude that, for
substantially the reasons set forth in the district court’s order, entered on March
28, 1997, the district court correctly dismissed this action.
Daniel Schweitzer seeks an award of attorney’s fees and costs incurred on
appeal, on the ground that the appeal is frivolous. See Fed. R. App. P. 38. An
appeal is considered frivolous when “the result is obvious, or the appellant’s
arguments are wholly without merit.” Braley v. Campbell, 832 F.2d 1504, 1510
(10th Cir. 1987) (en banc). This appeal is frivolous. Accordingly, appellant
George Schweitzer is ordered to show cause within 15 days why attorney’s fees
and costs should not be assessed against him. See Doyle v. Oklahoma Bar Ass’n,
998 F.2d 1559, 1571 (10th Cir. 1993).
The appeal is DISMISSED. The mandate shall issue forthwith.
ENTERED FOR THE COURT
Stephen H. Anderson
Circuit Judge
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