Filed: Mar. 21, 2011
Latest Update: Feb. 22, 2020
Summary: FILED United States Court of Appeals Tenth Circuit March 21, 2011 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT TAMARA RANNEVA, Plaintiff–Appellant, No. 10-1545 v. (D.C. No. 1:10-CV-02212-ZLW) SOCIAL SECURITY (D. Colo.) ADMINISTRATION, (SSA); DENVER DEPARTMENT OF HUMAN SERVICES, (DDHS); JEWISH FAMILY SERVICES OF COLORADO (JFS), Defendants–Appellees. ORDER AND JUDGMENT * Before O’BRIEN, McKAY, and TYMKOVICH, Circuit Judges. After examining Plaintiff’s brief and
Summary: FILED United States Court of Appeals Tenth Circuit March 21, 2011 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT TAMARA RANNEVA, Plaintiff–Appellant, No. 10-1545 v. (D.C. No. 1:10-CV-02212-ZLW) SOCIAL SECURITY (D. Colo.) ADMINISTRATION, (SSA); DENVER DEPARTMENT OF HUMAN SERVICES, (DDHS); JEWISH FAMILY SERVICES OF COLORADO (JFS), Defendants–Appellees. ORDER AND JUDGMENT * Before O’BRIEN, McKAY, and TYMKOVICH, Circuit Judges. After examining Plaintiff’s brief and ..
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FILED
United States Court of Appeals
Tenth Circuit
March 21, 2011
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
TAMARA RANNEVA,
Plaintiff–Appellant, No. 10-1545
v. (D.C. No. 1:10-CV-02212-ZLW)
SOCIAL SECURITY (D. Colo.)
ADMINISTRATION, (SSA);
DENVER DEPARTMENT OF
HUMAN SERVICES, (DDHS);
JEWISH FAMILY SERVICES OF
COLORADO (JFS),
Defendants–Appellees.
ORDER AND JUDGMENT *
Before O’BRIEN, McKAY, and TYMKOVICH, Circuit Judges.
After examining Plaintiff’s brief 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).
This case is therefore ordered submitted without oral argument.
Plaintiff Tamara Ranneva appeals from the district court’s dismissal of her
action without prejudice based on her failure to comply with the magistrate
*
This order and judgment is not binding precedent, except under the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.
judge’s order to file an amended complaint that complied with Rule 8 of the
Federal Rules of Judicial Procedure. The magistrate judge’s order informed Ms.
Ranneva of Rule 8’s requirements and warned her that her case would be
dismissed if she failed to comply with this order. In its order dismissing the
action, the district court concluded the magistrate judge had correctly instructed
Ms. Ranneva to file an amended complaint and Ms. Ranneva’s complaint should
be dismissed without prejudice based on her failure to do so.
On appeal, Ms. Ranneva argues she was not required to comply with the
order directing her to file an amended complaint because that order was an invalid
anonymous forgery that had not been authored by the magistrate judge, since the
order contained only a typed “/s/” electronic signature instead of the magistrate
judge’s handwritten signature. Ms. Ranneva also argues the district court violated
judicial procedures by mistakenly referring to her as a prisoner, rearranging the
order of the defendants on the case caption, listing the wrong docket number on
an order, forging stamps and dates on court documents, failing to provide her with
a copy of the local rules, and sending her anonymous unsigned orders.
After thoroughly reviewing the record on appeal, we conclude that the
district court did not abuse its discretion by dismissing this action without
prejudice. See Nasious v. Two Unknown BICE Agents,
492 F.3d 1158, 1161-62
(10th Cir. 2007). Ms. Ranneva was not free to ignore the order requiring an
amended complaint simply because she erroneously believed this order to be
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invalid based on the lack of a handwritten signature. To the extent Ms. Ranneva’s
other arguments are supported by the record, they do not show any prejudicial
effect on her legal rights. Although we construe Ms. Ranneva’s pro se filings
liberally and are aware of the difficulties she faces in proceeding pro se as an
immigrant with limited English skills, we simply see no arguable legal basis for
reversal in her appellate brief and supplemental filings. We therefore AFFIRM
the judgment of the district court and DENY Ms. Ranneva’s motion for leave to
proceed in forma pauperis on appeal. Ms. Ranneva is required to immediately
make full payment of her appellate filing fees.
ENTERED FOR THE COURT
Monroe G. McKay
Circuit Judge
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