Filed: Nov. 12, 2019
Latest Update: Mar. 03, 2020
Summary: FILED United States Court of Appeals Tenth Circuit November 12, 2019 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT C.N. by her next friends ANASTASIA NEDD, Plaintiff - Appellant, No. 19-1060 and (D.C. No. 1:18-CV-00620-MSK-MEH) (D. Colo.) JOSEPH NORTEY, Plaintiff, v. HON. ANN GAIL MEINSTER; KURT A. METSGER; JEFFERSON COUNTY; GRAHAM B. PEPER; AMBER FARNSWORTH; STEPHEN FARNSWORTH, and JOHN DOES 1-5, Defendants - Appellees. ORDER AND JUDGMENT* Before HOLMES, MURP
Summary: FILED United States Court of Appeals Tenth Circuit November 12, 2019 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT C.N. by her next friends ANASTASIA NEDD, Plaintiff - Appellant, No. 19-1060 and (D.C. No. 1:18-CV-00620-MSK-MEH) (D. Colo.) JOSEPH NORTEY, Plaintiff, v. HON. ANN GAIL MEINSTER; KURT A. METSGER; JEFFERSON COUNTY; GRAHAM B. PEPER; AMBER FARNSWORTH; STEPHEN FARNSWORTH, and JOHN DOES 1-5, Defendants - Appellees. ORDER AND JUDGMENT* Before HOLMES, MURPH..
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FILED
United States Court of Appeals
Tenth Circuit
November 12, 2019
UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
C.N. by her next friends ANASTASIA
NEDD,
Plaintiff - Appellant,
No. 19-1060
and (D.C. No. 1:18-CV-00620-MSK-MEH)
(D. Colo.)
JOSEPH NORTEY,
Plaintiff,
v.
HON. ANN GAIL MEINSTER; KURT
A. METSGER; JEFFERSON COUNTY;
GRAHAM B. PEPER; AMBER
FARNSWORTH; STEPHEN
FARNSWORTH, and JOHN DOES 1-5,
Defendants - Appellees.
ORDER AND JUDGMENT*
Before HOLMES, MURPHY, and CARSON, Circuit Judges.
*
This order and judgment is not binding precedent except under the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 parties’ briefs and the 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.
Anastasia Nedd filed a complaint raising federal and state-law claims against
multiple individuals, both Colorado state officials and private individuals, arising out of
the termination of the parental rights of the parents of her grandson and the subsequent
adoption of her grandson by Amber and Stephen Farnsworth. In a thorough and cogent
order, the district court dismissed all of the claims set out in Nedd’s complaint, some with
prejudice and some without. Nedd appeals and requests permission to proceed in forma
pauperis.
This court exercises its discretion to overlook the inadequacy of Nedd’s pro se
opening brief. See Fed. R. App. P 28(a)(9)(A) (requiring, among other things, that an
opening brief contain an argument, with the reasons for the argument, and citations to
authorities and the record). Nevertheless, even given Nedd’s pro se status, this court will
not act as her attorney in constructing arguments and searching the record. Hall v.
Bellmon,
935 F.2d 1106, 1110 (10th Cir. 1991). With those precepts in mind, this court
has conducted a de novo review of the district court’s order of dismissal dated January 15,
2019. Having found no remotely meaningful error, this court affirms for substantially
those reasons set out in that order. Furthermore, Nedd has failed to show the existence of
a reasoned, nonfrivolous argument on the law and facts in support of the issues raised on
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appeal. See 28 U.S.C. § 1915(a)(3), (e)(2). Thus, her motion to proceed on appeal in
forma pauperis is denied and she is ordered to immediately remit the entire appellate
filing fee.
The district court’s order of dismissal is AFFIRMED. Nedd’s motion to proceed
on appeal in forma pauperis is DENIED.
ENTERED FOR THE COURT
Michael R. Murphy
Circuit Judge
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