FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT March 16, 2020
_________________________________
Christopher M. Wolpert
Clerk of Court
LAWRENCE M. JIRON,
Plaintiff - Appellant,
v. No. 19-2187
(D.C. No. 1:19-CV-00791-RB-CG)
JARED POLIS, (D.N.M.)
Defendant - Appellee.
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ORDER AND JUDGMENT*
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Before MATHESON, KELLY, and EID, Circuit Judges.**
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Plaintiff-Appellant Lawrence Jiron, an inmate appearing pro se, appeals from
the district court’s sua sponte dismissal of his complaint without prejudice under
Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction. Jiron v.
Polis, No. 1:19-cv-00791-RB-CG, Mem. Op. and Order of Dismissal for Lack of
Jurisdiction (ECF No. 8) (D.N.M. Oct. 28, 2019). The district court dismissed the
complaint pursuant to its screening function under 28 U.S.C. § 1915A(a), reasoning
*
This order and judgment is not binding precedent, except under the doctrines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.
**
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.
that although lack of jurisdiction is an affirmative defense and does not appear as
grounds for dismissal under § 1915A(b), dismissal is proper where the affirmative
defense clearly appears on the face of the complaint and no further factual
development is necessary
Mr. Jiron’s complaint sought relief on various claims, including copyright and
trademark infringement, false imprisonment and kidnapping, and ultimately asking
the Colorado Secretary of State to release him. See Polis, No. 1:19-cv-00791-RB-CG
(ECF No. 1). On appeal, he repeatedly urges that “an attorney follow the complaint.”
We review a district court’s dismissal for lack of jurisdiction de novo.
ClearOne Commc’ns, Inc. v. Bowers, 643 F.3d 735, 763 (10th Cir. 2011). We find
no substantive grounds for this appeal or any of Mr. Jiron’s outstanding motions. For
the reasons it articulated, the district court was correct in ruling that Mr. Jiron has not
established personal jurisdiction over the defendant.
We DENY Mr. Jiron’s motion to proceed in forma pauperis because his
appeal is frivolous, DENY all other motions, and DISMISS the appeal. Mr. Jiron
must pay the full filing fees immediately.
Entered for the Court
Paul J. Kelly, Jr.
Circuit Judge
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