FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS July 20, 2016
TENTH CIRCUIT Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 16-1156
(D.C. No. 1:04-CR-00103-REB-4)
CHARLES LEWIS, D. Colo.
Defendant - Appellant.
ORDER AND JUDGMENT *
Before HARTZ, MURPHY, and PHILLIPS, 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 appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The court
therefore orders the case submitted without oral argument.
On April 12, 2016, Charles Lewis filed two motions with the United States
District Court for the District of Colorado: a motion requesting a special
*
This order and judgment is not binding precedent except under the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.
discovery hearing and a motion to appoint counsel. The district court denied
both, concluding there was “nothing filed or pending that would require legal
counsel or discovery.” Proceeding pro se, Lewis then brought this appeal.
We have reviewed the record, Lewis’s appellate brief, and the applicable
law and conclude the district court did not err in denying Lewis’s motions.
Accordingly, the district court’s order denying Lewis’s Motion to Appoint
Adequate Counsel to Petition the Supreme Court for Writ of Habeas Corpus and
his Motion Requesting Special Discovery Hearing to Determine if the Level of
Court Appointed Representation Was Adequate, is affirmed for substantially the
reasons stated in the district court’s order dated April 20, 2016.
We also conclude Lewis’s appeal is wholly frivolous. Accordingly,
Lewis’s motion to proceed in forma pauperis on appeal is denied and he is
reminded of his obligation to immediately remit any unpaid balance of the
appellate filing fee.
ENTERED FOR THE COURT
Michael R. Murphy
Circuit Judge
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