Bruton v. United States

FILED
United States Court of Appeals
Tenth Circuit
December 12, 2014
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
ALVIN D. BRUTON, SR.,
Plaintiff - Appellant,
No. 14-2127
v. (D.C. No. 2:11-CV-00330-WJ-KBM)
(D.N.M.)
UNITED STATES OF AMERICA,
Defendant - Appellee.
ORDER AND JUDGMENT *
Before GORSUCH, O’BRIEN, 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.
Bruton’s 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order and judgment is not binding precedent except under the doctrines of law of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.
doesn’t directly address the district court’s ruling, let alone identify any defect in
it. While this court takes seriously its obligation to construe liberally pro se
filings like Mr. Bruton’s, 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 litigant’s attorney in constructing arguments and searching the
record.” Garrett v. Selby Connor Maddux & Janer, 425 F.3d 836, 840 (10th Cir.
2005).
The district court’s judgment is affirmed. Mr. Bruton’s 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-