F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
SEP 2 1999
TENTH CIRCUIT
PATRICK FISHER
Clerk
DERRAL SCHRODER, A Free People
for the Freely Associated Compact
States of our Constitutional Union.
(Named as: De Jure Plaintiff),
Plaintiff - Appellant,
v. No. 99-1170
(D. Ct. No. 98-N-61)
PHILLIP BIENVENU, A Registered (D. Colo.)
Voting member of the Corporate
Federal Government, claiming a Title
of Nobility, Esquire #10421 A
Commissioned Officer, of Admiralty
Courts, a Former District Attorney of
the New Deal Corporate State of
Colorado. A Socialist Communist
Democracy.; STATE OF
COLORADO, A New Deal Corporate
subdivision of the U.S.; John and Jane
Does 1 Through Unlimited (Named as:
De Facto Defendants),
Defendants - Appellees.
ORDER AND JUDGMENT *
Before TACHA, McKAY, and MURPHY , Circuit Judges.
*
This order and judgment is not binding precedent, except under the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.
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)(2); 10th
Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.
Plaintiff Schroder filed this appeal arguing that the district court erred in
accepting the magistrate judge’s recommendation to dismiss his complaint. After
reviewing the record, we find that the magistrate judge extended every benefit to
Schroder with its lenient interpretation of his pro se complaint. The magistrate
judge thoroughly considered plaintiff’s arguments and found that even accepting
his allegations as true, Schroder had failed to state a claim on which relief could
be granted. We AFFIRM the district court’s order to dismiss plaintiff’s case and
award defendants their attorney fees and costs for substantially the same reasons
stated in the magistrate judge’s recommendation. We GRANT Schroder’s motion
for leave to proceed in forma pauperis.
ENTERED FOR THE COURT,
Deanell Reece Tacha
Circuit Judge
-2-