Filed: Mar. 13, 2012
Latest Update: Feb. 22, 2020
Summary: FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS March 13, 2012 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court VRLINA NOZLIC, Plaintiff - Appellant, v. No. 11-1513 (D.C. No. 1:11-CV-02317-LTB) SAM ROMANO; JOAN VAN (D. Colo.) DEWATER; AAHA HELPING PETS FUND, Defendants - Appellees. ORDER AND JUDGMENT * Before KELLY, TYMKOVICH, and GORSUCH, Circuit Judges. Vrlina Nozlic filed this suit against two employees of an emergency veterinary clinic as well as a fund th
Summary: FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS March 13, 2012 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court VRLINA NOZLIC, Plaintiff - Appellant, v. No. 11-1513 (D.C. No. 1:11-CV-02317-LTB) SAM ROMANO; JOAN VAN (D. Colo.) DEWATER; AAHA HELPING PETS FUND, Defendants - Appellees. ORDER AND JUDGMENT * Before KELLY, TYMKOVICH, and GORSUCH, Circuit Judges. Vrlina Nozlic filed this suit against two employees of an emergency veterinary clinic as well as a fund tha..
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FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
March 13, 2012
TENTH CIRCUIT
Elisabeth A. Shumaker
Clerk of Court
VRLINA NOZLIC,
Plaintiff - Appellant,
v. No. 11-1513
(D.C. No. 1:11-CV-02317-LTB)
SAM ROMANO; JOAN VAN (D. Colo.)
DEWATER; AAHA HELPING PETS
FUND,
Defendants - Appellees.
ORDER AND JUDGMENT *
Before KELLY, TYMKOVICH, and GORSUCH, Circuit Judges.
Vrlina Nozlic filed this suit against two employees of an emergency
veterinary clinic as well as a fund that administers grants for veterinary care. She
alleges violations of Title III of the Americans with Disabilities Act and Colorado
state law. In a thorough six-page order, the district court dismissed Ms. Nozlic’s
amended complaint pursuant to 28 U.S.C. § 1915(e), which governs proceedings
*
After examining appellant’s brief and the appellate record, this panel has
determined unanimously that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2) and 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order and judgment is not binding precedent except under the doctrines of law of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.
in forma pauperis and provides that “the court shall dismiss the case at any time
if the court determines that . . . the action . . . is frivolous.” 28 U.S.C.
§ 1915(e)(2)(B)(i).
Ms. Nozlic appeals this decision and seeks permission to proceed in forma
pauperis on appeal. For substantially the same reasons set out by the district
court in its order, we affirm the dismissal below. See Fogle v. Pierson,
435 F.3d
1252, 1259 (10th Cir. 2006) (“We generally review a district court’s dismissal for
frivolousness under § 1915 for abuse of discretion.”). Ms. Nozlic simply fails to
allege facts supporting an arguable claim of discrimination based on any
disability. See
id. We also deny Ms. Nozlic’s motion to proceed in forma
pauperis, as she fails to present a non-frivolous argument on appeal.
ENTERED FOR THE COURT
Neil M. Gorsuch
Circuit Judge
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