FILED
United States Court of Appeals
Tenth Circuit
May 19, 2009
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT
SAMMY LEE PENDLETON,
Plaintiff–Appellant,
v.
No. 09-3078
(D.C. No. 5:09-CV-03041-SAC)
UNITED STATES PENITENTIARY
(D. Kan.)
OF LEAVENWORTH; KAREN
GREEN; PAMELA BEEZY; and ALL
STAFF MEMBERS INVOLVED,
Defendants–Appellees.
ORDER AND JUDGMENT *
Before LUCERO, MURPHY, and McCONNELL, Circuit Judges.
Sammy Lee Pendleton, proceeding pro se, appeals the district court’s
dismissal of his Bivens action. See Bivens v. Six Unknown Named Agents of
Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Pendleton’s complaint alleges
that employees of the United States Penitentiary in Leavenworth, Kansas, used his
*
The case is unanimously ordered submitted without oral argument
pursuant to Fed. R. App. P. 34(a)(2) and 10th Cir. R. 34.1(G). 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judgment is not binding precedent, except under the doctrines of law of the case,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. 32.1.
name and Social Security number to steal $45 million from the United States
Treasury. He further alleges that penitentiary employees tortured him, locked
onto his brain with radar, and raped and murdered a staff member who warned
Pendleton about the use of his Social Security number.
The district court dismissed the complaint pursuant to its screening function
under 28 U.S.C. § 1915A, concluding that Pendleton’s allegations were frivolous
and “delusional.” For substantially the same reasons given by the district court,
we AFFIRM. We construe Pendleton’s “Evidence in Remedy/Brief in Pleading”
as a motion to file a supplemental appendix and DENY the motion because the
submitted evidence has no bearing on our determination. All other pending
motions are DENIED.
ENTERED FOR THE COURT
Carlos F. Lucero
Circuit Judge
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