F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
SEP 26 2001
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
ABDUL AZIZ,
Plaintiff-Appellant,
v. No. 01-1105
(D.C. No. 97-B-1748)
UNIVERSITY OF COLORADO, (D. Colo.)
Defendant-Appellee.
ORDER AND JUDGMENT *
Before EBEL , KELLY , and LUCERO , Circuit Judges.
Appellant Abdul Aziz, appearing pro se, moves for leave to proceed on
appeal in forma pauperis so that he may challenge the district court’s dismissal
under Fed. R. Civ. P. 12(b)(6) of this discrimination suit. This court has
considered and decided the issue on appeal on two prior occasions. See Aziz v.
Univ. of Colo. , No. 00-1262, 2001 WL 184122 (10th Cir. Feb. 26, 2001); Aziz v.
*
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.
This order and judgment is not binding precedent, except under the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.
Univ. of Colo. , No. 98-1466, 1999 WL 308565 (10th Cir. May 17, 1999). Under
the doctrine of res judicata, a final judgment on the merits of an action precludes
the parties or their privies from re-litigating issues that were or could have been
raised in a prior action. Smith v. Plati , 258 F.3d 1167, 1179 (10th Cir. 2001)
(citing Cromwell v. County of Sac , 94 U.S. 351, 352–53 (1876)). Thus,
appellant’s current challenge is barred.
Appellant’s motion for leave to proceed in forma pauperis is DENIED , and
the judgment of the district court is AFFIRMED . The mandate shall issue
forthwith.
Entered for the Court
Carlos F. Lucero
Circuit Judge
-2-