Negron v. Rockwell

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
FEB 6 2002
TENTH CIRCUIT
PATRICK FISHER
Clerk
BENITO NEGRON,
Plaintiff - Appellant, No. 01-1428
v. (D.C. No. 01-Z-1511)
BRAD ROCKWELL, JOHN (D. Colorado)
SUTHERS, and BILL OWENS,
Defendants - Appellees.
BENITO NEGRON, other prisoner’s
similar situation,
Plaintiff - Appellant,
v.
No. 01-1480
BRAD ROCKWELL, JOHN
SUTHERS, BILL OWENS, and EDD (D.C. No. 01-Z-1558)
C. GILLESPIE,
(D. Colorado)
Defendants - Appellees.
ORDER AND JUDGMENT *
Before SEYMOUR and McKAY, Circuit Judges, and BRORBY, Senior Circuit
Judge.
*
This order and judgment is not binding precedent, except under the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.
After examining the briefs and the appellate records, this panel has
determined unanimously that oral argument would not materially assist the
determination of these appeals. See Fed. R. App. P. 34(a)(2); 10th Cir. R.
34.1(G). The cases are therefore ordered submitted without oral argument.
These two appeals are consolidated for disposition on appeal. Each counts
as an appeal pursuant to 28 U.S.C. § 1915(g). Both § 1983 actions were
dismissed by the trial court because they were redundant of prior pending action
01-WM-630. Mr. Negron is still pursuing the prior pending action in district
court. We agree with the trial court that these two appeals are redundant of
pending action 01-WM-630 and should be dismissed.
The trial court also denied leave to proceed in forma pauperis on appeal
because it found that “the appeal[s are] not taken in good faith because plaintiff
has not shown the existence of a reasoned, nonfrivolous argument on the law and
facts in support of the issues on appeal.” Record at 10. The trial court was
correct both in its dismissal and in denying leave to appeal in forma pauperis.
We DENY Mr. Negron’s motion for appointment of counsel. We also
DENY the renewed motion to proceed in forma pauperis on appeal and remind
Appellant that he remains bound to pay the appellate filing fees as well as the
installment payments ordered by the trial court when it granted leave to proceed
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in the district court in forma pauperis.
The appeals are DISMISSED.
ENTERED FOR THE COURT
Monroe G. McKay
Circuit Judge
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