Filed: Jun. 21, 2018
Latest Update: Mar. 03, 2020
Summary: FILED United States Court of Appeals Tenth Circuit June 21, 2018 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court FREIDA L. MITCHELL, Plaintiff - Appellant, v. No. 18-1102 (D.C. No. 1:17-CV-02216-LTB) MEGAN J. BRENNAN, Postmaster D. Colo. General, Defendant - Appellee. ORDER AND JUDGMENT * Before BACHARACH, MURPHY, and MORITZ, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materi
Summary: FILED United States Court of Appeals Tenth Circuit June 21, 2018 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court FREIDA L. MITCHELL, Plaintiff - Appellant, v. No. 18-1102 (D.C. No. 1:17-CV-02216-LTB) MEGAN J. BRENNAN, Postmaster D. Colo. General, Defendant - Appellee. ORDER AND JUDGMENT * Before BACHARACH, MURPHY, and MORITZ, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materia..
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FILED
United States Court of Appeals
Tenth Circuit
June 21, 2018
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
TENTH CIRCUIT Clerk of Court
FREIDA L. MITCHELL,
Plaintiff - Appellant,
v. No. 18-1102
(D.C. No. 1:17-CV-02216-LTB)
MEGAN J. BRENNAN, Postmaster D. Colo.
General,
Defendant - Appellee.
ORDER AND JUDGMENT *
Before BACHARACH, MURPHY, and MORITZ, Circuit Judges.
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.
Freida L. Mitchell appeals from an order of the United States District Court
for the District of Colorado. The district court dismissed Mitchell’s pro se civil
*
This order and judgment is not binding precedent except under the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.
rights complaint pursuant to the provisions of Fed. R. Civ. P. 8. That is, the
district court determined Mitchell’s complaint was so prolix, vague, and
unintelligible that it completely failed to provide an understandable statement of
what the Postmaster General did or failed to do that allegedly infringed each of
the rights Mitchell claims was violated.
Mitchell’s brief on appeal does not contain a single meaningful citation to
authority or any meaningful analysis of the propriety of the district court’s
dismissal of her complaint. Instead, it begins with a diatribe about political
leaders not connected to the defendant Postmaster General and then turns to a
grand conspiracy on the part of the United States Postal Service and others
“against” the Civil Rights Act of 1964. Upon de novo review of the district
court’s order of dismissal, Mitchell’s appellate filings, and the entire record on
appeal, we conclude this appeal is frivolous and, therefore, Mitchell is not
entitled to proceed on appeal in forma pauperis.
For those reasons set out above, this appeal is DISMISSED pursuant to the
terms of 28 U.S.C. § 1915(e)(2)(b)(i) (providing that a court shall dismiss a
proceeding in forma pauperis if the court determines the action or appeal is
frivolous or malicious).
ENTERED FOR THE COURT
Michael R. Murphy
Circuit Judge
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