Fisher v. Colorado Department of Corrections

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
TENTH CIRCUIT June 27, 2014
Elisabeth A. Shumaker
RAMON L. FISHER, Clerk of Court
Plaintiff - Appellant,
v. No. 14-1109
(D. Colo.)
COLORADO DEPARTMENT OF (D.C. No. 1:13-CV-03198-LTB)
CORRECTIONS AND STATE
EMPLOYEES BELOW,
Defendants - Appellees.
ORDER AND JUDGMENT *
Before HARTZ, McKAY, and MATHESON, Circuit Judges.
On January 16, 2014, the district court entered judgment dismissing Mr. Fisher’s
amended complaint without prejudice. On March 14, 2014, the district court docketed
what it called a “Misdirected Notice of Appeal” as to the January 16 judgment. The
accompanying envelope indicates it was given to prison personnel for mailing on
March 12, 2014. Mr. Fisher has not met his burden to show he submitted the envelope to
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of this
appeal. See Fed. R. App. P. 34(a)(2); 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 This order and judgment is not binding precedent,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.
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. 32.1.
prison officials before this date. See Fed. R. App. P. 4(c)(1); Price v. Philpot, 420 F.3d
1158, 1165 (10th Cir. 2005). Because notice of appeal was not filed within 30 days of
judgment, Fed. R. App. P. 4(a)(1)(A), we do not have jurisdiction and therefore dismiss
this appeal. We deny Mr. Fisher’s motion to proceed in forma pauperis.
ENTERED FOR THE COURT
Scott M. Matheson, Jr.
Circuit Judge
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