David James Fratus v. Philip G. Jones, Cary L. Krog, Wayne A. Freestone, David J. Angeshofer, Danny Quintana, and Mr. Esparza, 992 F.2d 1222, 10th Cir. (1993)
David James Fratus v. Philip G. Jones, Cary L. Krog, Wayne A. Freestone, David J. Angeshofer, Danny Quintana, and Mr. Esparza, 992 F.2d 1222, 10th Cir. (1993)
David James Fratus v. Philip G. Jones, Cary L. Krog, Wayne A. Freestone, David J. Angeshofer, Danny Quintana, and Mr. Esparza, 992 F.2d 1222, 10th Cir. (1993)
2d 1222
NOTICE: Although citation of unpublished opinions remains unfavored,
unpublished opinions may now be cited if the opinion has persuasive value on a
material issue, and a copy is attached to the citing document or, if cited in oral
argument, copies are furnished to the Court and all parties. See General Order of
November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
further order.
After examining the briefs and 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); 10th Cir.R. 34.1.9. The cause is
therefore ordered submitted without oral argument.
We have carefully reviewed the record in this case and conclude that the
district court did not err in dismissing Mr. Fratus' complaint and in denying the
motion to appoint counsel.
This order and judgment has no precedential value and shall not be cited, or
used by any court within the Tenth Circuit, except for purposes of establishing
the doctrines of the law of the case, res judicata, or collateral estoppel. 10th
Cir.R. 36.3
Although the district court referred only to 42 U.S.C. 1983 in its order of
dismissal dated November 19, 1992, that order adopts the report and
recommendation of the magistrate judge which dealt with all aspects of Mr.
Fratus' complaint. R. Vol. I at Tabs 4, 5