Filed: Nov. 20, 2017
Latest Update: Mar. 03, 2020
Summary: FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS November 20, 2017 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court ROBERT A. SESSION, Plaintiff - Appellant, v. No. 17-1174 (D.C. No. 1:17-CV-00222-LTB) JIM YOUNG KIM, World Bank; D. Colorado CHRISTINE LAGARDE, Managing Director, International Monetary Fund, and JOHN Doe, Ogden Utah Tax Office, Defendants - Appellees. ORDER AND JUDGMENT * Before KELLY, MURPHY, and MATHESON, Circuit Judges. After examining Appella
Summary: FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS November 20, 2017 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court ROBERT A. SESSION, Plaintiff - Appellant, v. No. 17-1174 (D.C. No. 1:17-CV-00222-LTB) JIM YOUNG KIM, World Bank; D. Colorado CHRISTINE LAGARDE, Managing Director, International Monetary Fund, and JOHN Doe, Ogden Utah Tax Office, Defendants - Appellees. ORDER AND JUDGMENT * Before KELLY, MURPHY, and MATHESON, Circuit Judges. After examining Appellan..
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FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
November 20, 2017
TENTH CIRCUIT
Elisabeth A. Shumaker
Clerk of Court
ROBERT A. SESSION,
Plaintiff - Appellant,
v. No. 17-1174
(D.C. No. 1:17-CV-00222-LTB)
JIM YOUNG KIM, World Bank; D. Colorado
CHRISTINE LAGARDE, Managing
Director, International Monetary Fund,
and JOHN Doe, Ogden Utah Tax
Office,
Defendants - Appellees.
ORDER AND JUDGMENT *
Before KELLY, MURPHY, and MATHESON, Circuit Judges.
After examining Appellant’s brief and the appellate record, this court has
determined unanimously that oral argument would not materially assist the
adjudication 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.
*
This order and judgment is not binding precedent except under the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.
Proceeding pro se, Appellant Robert A. Session, a Colorado state prisoner,
appeals the district court’s dismissal of the complaint he filed pursuant to 42
U.S.C. § 1983. In addition to the complaint, Session also filed a document titled,
“United States District Court Judicial Review of a Form 8082 and Motion to
Specify.” A United States Magistrate Judge ordered Session to file an amended
complaint, clarifying the claims being asserted. Session filed the amended
complaint on April 21, 2017. The district court dismissed the action for failure to
comply with Rule 8 of the Federal Rules of Civil Procedure. The court concluded
Session’s complaint, even if construed liberally, contained vague, and conclusory
factual allegations” and did not provide fair notice to the Defendants.
Session’s appellate brief, like his complaint, is an incoherent jumble of
constitutional, criminal, civil, and administrative law concepts. There is no clear
argument as to why the district court’s judgment should be reversed. Having
reviewed the record and Session’s appellate brief, this court concludes Session’s
appeal is “without merit in that it lacks an arguable basis in either law or fact.”
Thompson v. Gibson,
289 F.3d 1218, 1222 (10th Cir. 2002). We, thus, dismiss
the appeal as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). We deny
Session’s motion to proceed in forma pauperis pursuant to 28 U.S.C.
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§ 1915(a)(1) 1 and remind him of his responsibility for the immediate payment of
any unpaid balance of the appellate filing fee.
ENTERED FOR THE COURT
Michael R. Murphy
Circuit Judge
1
See Rollins v. Fisch, 696 F. App’x 856, 859 n.3 (10th Cir. 2017)
(unpublished disposition cited only for its persuasive value).
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