96-1049 Fuller v. Neal
Attachment not available electronically.
UNITED STATES COURT OF APPEALS
Filed 12/19/96
TENTH CIRCUIT
_____________________
STEVEN MICHAEL TULLER,
Plaintiff-Appellant,
v. No. 96-1049
(D.C. No. 95-S-2396)
DONICE NEAL, and Capt. John Doe; GARY (D. Colorado)
WATKINS, Major; KIM THOMPSON, Captain
and Lt. John Doe; JOHN HADLEY, Major; LT.
MCFEE; FRANK CARLTON, Lt.; BILL
ESPANOSA, Sgt.; ALBERT MARTINEZ;
FRAZZINO; ARISTEDES ZAVARAS,
Defendants-Appellees.
_____________________
ORDER AND JUDGMENT *
_____________________
Before BRORBY, EBEL and HENRY, Circuit Judges.
_____________________
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); 10th Cir. R. 34.1.9. The case is therefore
*
This order and judgment is not binding precedent except under the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.
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ordered submitted without oral argument.
Mr. Tuller is a state inmate and pro se litigant. Mr. Tuller filed a civil
rights complaint against various prison officials. The district court dismissed the
complaint as legally frivolous pursuant to 28 U.S.C. §1915(d). We agree with the
district court and dismiss the appeal. 1
We attach a copy of the district court's eight-page order of dismissal. Mr.
Tuller appeals this decision and fails to persuade us of any error made by the
district court. The district court's order is legally correct and supported by the
record.
The appeal is DISMISSED as it is legally frivolous for substantially the
same reasons set forth in the district court's order.
Entered for the Court:
WADE BRORBY
United States Circuit Judge
1
The district court's judgment was entered January 4, 1996; the Notice of
Appeal was filed February 2, 1996.
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