FILED
United States Court of Appeals
Tenth Circuit
December 16, 2008
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
JOHN D. KELSO,
Plaintiff-Appellant,
v. No. 08-6174
Western District of Oklahoma
DAVID C. MILLER, JAMES (D.C. No. 5:08-CV-00366-F)
SAFFLE, LARRY R. MEACHUM,
JACK LOWLEY, GARY HAHN,
CARLOS LUNA and ABCACHIE,
Defendants-Appellees.
ORDER AND JUDGMENT *
Before TACHA, KELLY and McCONNELL, Circuit Judges.
Plaintiff-Appellant John Kelso alleges horrific treatment of himself and
others at Patton State Hospital in Patton, California, where he is confined
pursuant to involuntary civil commitment on the basis of mental illness. We offer
no comment on the merits of his complaint, because the district court was clearly
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination
of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). This case is
therefore 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 This order and judgment is not
binding precedent, except under the doctrines of law of the case, res judicata, and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. It may be cited, however, for its persuasive value consistent
with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
correct in dismissing his complaint under 28 U.S.C. § 1915(e). Simply put, Mr.
Kelso has sued the wrong defendants in the wrong place, and the district court
was correct that it had no jurisdiction to address his complaints. There is no
allegation that the Oklahoma defendants have anything to do with Mr. Kelso’s
treatment in California, and the United States District Court for the Western
District of Oklahoma has no personal jurisdiction over the California defendants.
We AFFIRM the judgment of the district court for essentially the reasons
stated by the magistrate judge. We GRANT Mr. Kelso’s motion for leave to
proceed without prepayment of costs and fees. Mr. Kelso is relieved of any fee
obligation for this appeal.
Entered for the Court,
Michael W. McConnell
Circuit Judge
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