UNITED STATES COURT OF APPEALS
Filed 8/15/96
TENTH CIRCUIT
DAVID CHRISTOPHER WHITE,
Plaintiff-Appellant,
v.
ADAMS COUNTY DETENTION
FACILITY, SHERIFF CAMP, W. T.
No. 95-1525
SHEARER, Sheriff; PENNY BROWN,
(D.C. No. 94-S-2478)
Former Jail Director; MELANIE
(Colorado)
GREGORY, Technical Services
Manager; DONALD JARVIS, Captain;
SGT. DEBACA, DEPUTY ARGO,
SGT. HERSEY, SGT. TOTTEM, SGT.
BAILY, SGT. TWEDEN, J. J. LONG,
Sgt.,
Defendant-Appellees.
ORDER AND JUDGMENT *
Before SEYMOUR, Chief Judge, KELLY and LUCERO, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
*
This order and judgment is not binding precedent, except under the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 10th Cir. R. 36.3.
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. The cause is
therefore ordered submitted without oral argument.
Mr. David C. White filed this pro se action under 42 U.S.C. § 1983,
alleging that the Adams County Detention Facility and several state officials
violated his Fifth, Sixth and Fourteenth Amendment rights during his
incarceration. The district court dismissed Mr. White’s complaint pursuant to 28
U.S.C. § 1915(d) and denied him leave to proceed in forma pauperis on this
appeal.
This matter is before the court on Mr. White’s motion for leave to proceed
on appeal without prepayment of costs or fees. In order to succeed on his motion,
Mr. White must show both: (1) a financial inability to pay the required filing fees
and (2) the existence of a nonfrivolous argument on the law and facts in support
of the issues raised on appeal. See 28 U.S.C. § 1915(a); Coppedge v. United
States, 369 U.S. 438 (1962); DeBardeleben v. Quinlan, 937 F.2d 502 (10th Cir.
1991).
We agree with the district court that Mr. White can make no rational
argument on the law or facts in support of the issues raised on appeal. Therefore,
the motion for leave to proceed on appeal without prepayment of costs or fees is
denied substantially for the reasons given by the district court.
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The decision of the district court is AFFIRMED. The mandate shall issue
forthwith.
ENTERED FOR THE COURT
Stephanie K. Seymour
Chief Judge
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