UNITED STATES COURT OF APPEALS
Filed 6/26/96
TENTH CIRCUIT
DWIGHT DURAN, LONNIE DURAN,
SHARON TOWERS, all others similarly
situated,
No. 95-2205
Plaintiffs, (D.C. No. CIV 77-721- JB)
(D.N.M.)
PHILLIP CORDOVA,
Movant-Appellant,
vs.
BRUCE KING, Governor; CHARLES
BECKNELL, Secretary of Criminal
Justice; LEVI ROMERO, Warden, PNM;
ROBERT T. MONTOYA, JOSEPH
LUJAN,
Defendants-Appellees.
PHILLIP CORDOVA,
Movant-Appellant.
ORDER AND JUDGMENT*
*
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. This 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.
Before SEYMOUR, Chief Judge, KELLY, and LUCERO, Circuit Judges.**
Mr. Cordova, an inmate appearing pro se and in forma pauperis, appeals from the
dismissal of his Motion For Third Party or Joinder. Construing the pleadings liberally,
Mr. Cordova sought to intervene as a member of the plaintiff inmate class. The district
court determined that Mr. Cordova was not a proper class member and that his claims
were barred by res judicata, having been previously raised in an action that was dismissed
as frivolous and with prejudice. See Cordova v. Mondragon, No. CIV 94-1143, memo.
op. & order (D.N.M. March 7, 1995), affirmed, No. 94-2282, 1995 WL 656984, unpub.
order & judgment (10th Cir. Nov. 8, 1995), attached as exs. B & C to Respondent’s
Answer Brief filed March 16, 1996. Mr. Cordova’s motion was thus properly denied on
grounds of res judicata. See Allen v. McCurry, 449 U.S. 90, 94 (1980); Klein v. Zavaras,
80 F.3d 432, 434 (10th Cir. 1996).
Mr. Cordova’s Notice to the Court is construed as a motion and is DENIED.
AFFIRMED. The mandate shall issue forthwith.
Entered for the Court
Paul J. Kelly, Jr.
Circuit Judge
**
After examining the briefs and the appellate record, this three-judge panel has
determined unanimously that oral argument would not be of material assistance in the
determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is
therefore ordered submitted without oral argument.
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