Filed: Aug. 28, 2014
Latest Update: Mar. 02, 2020
Summary: FILED United States Court of Appeals Tenth Circuit August 28, 2014 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT RONALD MERL McKAY, Plaintiff - Appellant, and TWIN RIVERS LAND & CATTLE COMPANY, LP, a New Mexico limited partnership; TWIN RIVERS No. 14-7033 LAND & CATTLE CO., LP, LLC, a (D.C. No. 6:13-CV-00176-RAW) New Mexico limited liability company (E.D. Okla.) as general partner of Twin Rivers Land & Cattle Company, LP, Plaintiffs, v. A.V. HAYES, JR., Defend
Summary: FILED United States Court of Appeals Tenth Circuit August 28, 2014 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT RONALD MERL McKAY, Plaintiff - Appellant, and TWIN RIVERS LAND & CATTLE COMPANY, LP, a New Mexico limited partnership; TWIN RIVERS No. 14-7033 LAND & CATTLE CO., LP, LLC, a (D.C. No. 6:13-CV-00176-RAW) New Mexico limited liability company (E.D. Okla.) as general partner of Twin Rivers Land & Cattle Company, LP, Plaintiffs, v. A.V. HAYES, JR., Defenda..
More
FILED
United States Court of Appeals
Tenth Circuit
August 28, 2014
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
RONALD MERL McKAY,
Plaintiff - Appellant,
and
TWIN RIVERS LAND & CATTLE
COMPANY, LP, a New Mexico
limited partnership; TWIN RIVERS
No. 14-7033
LAND & CATTLE CO., LP, LLC, a
(D.C. No. 6:13-CV-00176-RAW)
New Mexico limited liability company
(E.D. Okla.)
as general partner of Twin Rivers
Land & Cattle Company, LP,
Plaintiffs,
v.
A.V. HAYES, JR.,
Defendant - Appellee.
ORDER AND JUDGMENT *
Before GORSUCH, MURPHY, and HOLMES, Circuit Judges.
*
This order and judgment is not binding precedent except under the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 a real estate deal went awry, Ronald Merl McKay sued Acie Hayes,
Jr. Mr. Hayes moved for summary judgment, but Mr. McKay never responded —
even after the district court extended his deadline and warned him that, if he
didn’t respond, the district court would dismiss the case or deem the motion
confessed. The district court, under a local rule, deemed the motion confessed
and dismissed the action with prejudice.
On appeal, Mr. McKay reargues the merits of his case but he does not
directly address the district court’s ruling, let alone identify any defect in it.
While this court takes seriously its obligation to construe liberally pro se filings
like Mr. McKay’s, it will not invent arguments for reversal that a litigant does not
even touch upon: “the court cannot take on the responsibility of serving as the
litigant’s attorney in constructing arguments and searching the record.” Garrett
v. Selby Connor Maddux & Janer,
425 F.3d 836, 840 (10th Cir. 2005).
The judgment is affirmed.
ENTERED FOR THE COURT
Neil M. Gorsuch
Circuit Judge
-2-