FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS June 13, 2014
TENTH CIRCUIT Elisabeth A. Shumaker
Clerk of Court
PIERRE A. RENOIR,
Plaintiff - Appellant,
v. No. 14-1107
(D.C. No. 1:14-CV-00288-LTB)
LARIMER COUNTY, et al., and (D. Colo.)
unknown parties,
Defendants - Appellees.
ORDER AND JUDGMENT *
Before GORSUCH, MURPHY, and HOLMES, Circuit Judges.
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). The case is
therefore ordered submitted without oral argument.
On January 30, 2014, pro se plaintiff Pierre A. Renoir filed a document
with the United States District Court for the District of Colorado that was
*
This order and judgment is not binding precedent except under the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.
docketed as a complaint pursuant to 42 U.S.C. § 1983. The matter was assigned
to a United States magistrate judge who entered an order directing Renoir to cure
numerous deficiencies. Specifically, Renoir was ordered to file his claims on a
court-approved form and was further ordered to pay the filing fee or file a motion
for leave to proceed in forma pauperis. Renoir was warned that his complaint
would be dismissed if he failed to cure the deficiencies within thirty days. In
response, Renoir filed the in forma pauperis motion together with multiple letters
and other documents but did not submit his claims on a court-approved form.
Accordingly, the district court dismissed the action sua sponte for failure to cure
all deficiencies. See Fed. R. Civ. P. 41(b). Renoir then brought this appeal.
This court reviews involuntary dismissals pursuant to Fed. R. Civ. P. 41(b)
for an abuse of discretion. Olsen v. Mapes, 333 F.3d 1199, 1204 (10th Cir. 2003).
Having reviewed Renoir’s appellate brief, the district court’s order, and the entire
appellate record, we conclude the district court did not abuse its discretion when
it dismissed Renoir’s complaint. Renoir has failed to identify any reversible error
in the district court’s ruling and has failed to show he cured all the clearly
identified deficiencies within the time limit imposed by the court. Accordingly,
the judgment of the district court dated March 12, 2014, dismissing Renoir’s
action without prejudice for failure to cure deficiencies is affirmed.
Renoir has also filed a motion seeking to proceed in forma pauperis on
appeal. We cannot grant his motion unless he is able to “show a financial
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inability to pay the required filing fees and the existence of a reasoned,
nonfrivolous argument on the law and facts in support of the issues raised on
appeal.” DeBardeleben v. Quinlan, 937 F.2d 502, 505 (10th Cir. 1991). In light
of the magistrate judge’s clear and concise order and the absence of any reasoned
argument in Renoir’s appellate brief, this court concludes Renoir’s appeal is
frivolous. Because Renoir’s appeal is frivolous, his motion to proceed in forma
pauperis is denied. Renoir is reminded of his responsibility to immediately remit
any unpaid balance of the appellate filing fee.
ENTERED FOR THE COURT
Michael R. Murphy
Circuit Judge
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