F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
DEC 21 1999
TENTH CIRCUIT
PATRICK FISHER
Clerk
LEO SIMMONS,
Plaintiff - Appellant, No. 99-1395
v. (D. Colorado)
[NO APPELLEE NAMED ON (D.C. No. 99-Z-1223)
APPEAL]
ORDER AND JUDGMENT *
Before ANDERSON , KELLY , and BRISCOE , 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)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
Leo Simmons appeals the dismissal, without prejudice, of his civil rights
action naming John Suthers, generally seeking “to compel the Department of
This order and judgment is not binding precedent, except under the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.
Corrections to stop the hindering of the accesses to the court, and to produce all
the materials that are requested by court order.” The district court determined
that the document filed by Mr. Simmons was insufficient to serve as a complaint
and ordered that proper forms be sent to Mr. Simmons for filing. Mr. Simmons
filed a motion for appointment of counsel, but did not file the forms which the
district court clerk had forwarded to him. Thereafter the district court dismissed
the case without prejudice. The document filed in this court by Mr. Simmons
names no defendant/appellee and contains only general statements that his rights
are being violated by his not being afforded a fair hearing.
Upon review of the entire file, we conclude that the appeal lacks an
arguable basis either in law or in fact. Accordingly, the appeal is frivolous within
the meaning of 28 U.S.C. § 1915(e)(2)(B)(i), and therefore must be dismissed.
This dismissal shall count as a “prior occasion” for purposes of 28 U.S.C..§
1915(g). The motions pending on appeal are DENIED, and the appeal is
DISMISSED. Mr. Simmons continues to be obligated for installment payments of
the filing fee in this court. The mandate shall issue forthwith.
ENTERED FOR THE COURT
Stephen H. Anderson
Circuit Judge
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