F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
FEB 13 2002
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
ROLAND S. WEAVER,
Plaintiff-Appellant,
v. No. 01-3050
(D.C. No. 99-CV-4194-SAC)
DENNIS BOYLES, Agent, Berryton, (D. Kansas)
Kansas; SHAWNEE COUNTY
COMMISSIONERS; ENCENIO
SAPATA; JAMES WELCH; CARLA
STOVALL, Attorney General of
Kansas; EDSALL’S AUTO SERVICE;
E. J. EDSALL’S INC.,
Defendants-Appellees.
ORDER AND JUDGMENT *
Before EBEL , 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This order and judgment is not binding precedent, except under the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.
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.
Roland S. Weaver appeals from the district court’s judgment dismissing his
civil rights complaint for lack of jurisdiction–as barred by the Rooker-Feldman
doctrine and res judicata–failure to state a claim, and frivolousness, and denying
him leave to file an amended complaint. The parties are familiar with the
underlying facts; we need not repeat them here. Suffice it to say, all of Mr.
Weaver's allegations and legal arguments arise out of the seizure of his vehicles.
We have jurisdiction over this appeal by virtue of 28 U.S.C. § 1291. We review
the district court’s rulings de novo . See Sutton v. Utah State Sch. for the Deaf &
Blind , 173 F.3d 1226, 1236 (10th Cir. 1999) (failure to state a claim); ANR
Pipeline Co. v. LaFaver , 150 F.3d 1178, 1186 (10th Cir. 1998) (subject matter
jurisdiction). We construe appellant’s pro se pleadings liberally, as required by
Haines v. Kerner , 404 U.S. 519, 520-21 (1972).
On appeal, Mr. Weaver alleges wrongful taking, false arrest, conspiracy,
selective prosecution, due process violations, and undefined RICO claims. All
of these claims were decided–or could have been decided had they been
asserted–in his previous state lawsuits. His legal arguments challenging the
district court’s rulings lack merit. After careful review of the entire record on
appeal in light of appellant’s arguments and the applicable law, we conclude that
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the district court correctly decided this case. Therefore, for substantially the same
reasons contained in the district court’s thorough Memorandum and Order filed
February 21, 2001, the judgment of the United States District Court for the
District of Kansas is AFFIRMED. Plaintiff’s motions for leave to file an
appendix on appeal and to remand this case to the district court are DENIED.
Entered for the Court
Mary Beck Briscoe
Circuit Judge
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