Filed: Nov. 18, 2019
Latest Update: Mar. 03, 2020
Summary: FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT November 18, 2019 _ Elisabeth A. Shumaker Clerk of Court ALBERTO ROJAS, JR., Plaintiff - Appellant, v. No. 19-1392 (D.C. No. 1:19-CV-01896-LTB-GPG) ANA GAIL MEINSTER, Hon.; ERIC (D. Colo.) MOTTER; CYNTHIA SCHIPPERT; ERIC J. KELLY; ANDREW LOUIZEAUX; WILLIAM J. CAMPBELL, Defendants - Appellees. _ ORDER AND JUDGMENT* _ Before CARSON, BALDOCK, and MURPHY, Circuit Judges.** _ Plaintiff-Appellant Al
Summary: FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT November 18, 2019 _ Elisabeth A. Shumaker Clerk of Court ALBERTO ROJAS, JR., Plaintiff - Appellant, v. No. 19-1392 (D.C. No. 1:19-CV-01896-LTB-GPG) ANA GAIL MEINSTER, Hon.; ERIC (D. Colo.) MOTTER; CYNTHIA SCHIPPERT; ERIC J. KELLY; ANDREW LOUIZEAUX; WILLIAM J. CAMPBELL, Defendants - Appellees. _ ORDER AND JUDGMENT* _ Before CARSON, BALDOCK, and MURPHY, Circuit Judges.** _ Plaintiff-Appellant Alb..
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FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT November 18, 2019
_________________________________
Elisabeth A. Shumaker
Clerk of Court
ALBERTO ROJAS, JR.,
Plaintiff - Appellant,
v. No. 19-1392
(D.C. No. 1:19-CV-01896-LTB-GPG)
ANA GAIL MEINSTER, Hon.; ERIC (D. Colo.)
MOTTER; CYNTHIA SCHIPPERT; ERIC
J. KELLY; ANDREW LOUIZEAUX;
WILLIAM J. CAMPBELL,
Defendants - Appellees.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before CARSON, BALDOCK, and MURPHY, Circuit Judges.**
_________________________________
Plaintiff-Appellant Alberto Rojas, Jr. appeals pro se from the district court’s
order dismissing his complaint both with prejudice as legally frivolous and without
prejudice for lack of subject matter jurisdiction. Plaintiff’s amended complaint, filed
*
This order and judgment is not binding precedent, except under the doctrines of law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.
in the District of Colorado, sets forth allegations stemming from a state domestic
relation proceeding. Specifically, Plaintiff appears to allege the following.
First, Plaintiff alleges Ann Meinster, a state court judge, deprived Plaintiff of
his constitutional rights in the state court custody proceeding. Next, Plaintiff alleges
his child’s guardians, Eric Motter and Cynthia Schippert, have: (1) failed to report
sexual assault and harassment his child has endured at school; (2) prevented Plaintiff
from communicating with his child; (3) indoctrinated Plaintiff’s child with a foreign
religion; (4) treated Plaintiff’s child wrongfully; and (5) engaged in parental
kidnapping. Third, Plaintiff alleges Eric J. Kelly, attorney for Eric Motter and Cynthia
Schippert, violated the rules of professional conduct and committed criminal acts with
respect to the state court custody proceeding. Fourth, Plaintiff alleges Andrew
Louizeaux, a court-appointed child custody expert, slandered him in a report Defendant
Louizeaux provided to the court. Finally, Plaintiff alleges William J. Campbell, the
executive director at the Colorado Commission on Judicial Discipline, failed to
appropriately discipline Judge Meinster for her wrongful actions as described in his
complaint.
Pursuant to District of Colorado Local Rule of Civil Procedure 8.1, the district
court referred the action to a magistrate judge for an initial review. After reviewing
the amended complaint, the magistrate judge issued a Report and Recommendation.
Therein, the magistrate judge recommended the complaint be dismissed with prejudice
as to Defendants Meinster and Louizeaux due to their absolute judicial and quasi-
judicial immunity, respectively. The magistrate judge further recommended the action
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be dismissed without prejudice as to Defendants Motter, Schippert, Kelly, and
Campbell for lack of subject matter jurisdiction. Thereafter, Plaintiff filed objections
to the Report and Recommendation, which were subsequently overruled by the district
court. The district court adopted the Report and Recommendation in its entirety and
dismissed the action. This appeal follows. Exercising jurisdiction pursuant to 28
U.S.C. § 1291, we affirm.
On appeal, Plaintiff asserts the same allegations set forth in his amended
complaint. In a well-reasoned Report and Recommendation, which the district court
wholly adopted, the magistrate judge competently explained why Plaintiff’s allegations
must be dismissed as to Defendants Meinster and Louizeaux due to their absolute
judicial and quasi-judicial immunity, respectively. The magistrate judge further
explained that the court lacks subject matter jurisdiction over the remaining
Defendants. For the purpose of resolving this appeal, we have thoroughly reviewed
the district court record and Plaintiff’s appellate brief, and we discern no reversible
error. Where the district court accurately analyzes an issue, we see no useful purpose
in writing at length. Therefore, we AFFIRM for substantially the same reasons set
forth in the district court’s order dismissing Plaintiff’s complaint. Plaintiff’s motion
to proceed in forma pauperis is GRANTED.
Entered for the Court
Bobby R. Baldock
Circuit Judge
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