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  • Braun v. United States, 10th Cir. (2002)

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    This order summarizes a pro se federal prisoner's civil rights appeal. The district court found that the prisoner had three strikes and did not demonstrate imminent danger, so it denied his motion to proceed in forma pauperis and dismissed the case when he did not pay filing fees. The prisoner was subsequently released but moved for relief from the judgment, which the district court and appeals court denied, affirming that his release did not undo the restrictions that applied when he filed. The appeals court also reminded the prisoner that although his motion to proceed without prepayment on appeal was granted, he still must make partial payments on previously assessed court fees and costs.

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    Filed: 2002-12-19 Precedential Status: Non-Precedential Docket: 02-3252

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    This order summarizes a pro se federal prisoner's civil rights appeal. The district court found that the prisoner had three strikes and did not demonstrate imminent danger, so it denied his motion to proceed in forma pauperis and dismissed the case when he did not pay filing fees. The prisoner was subsequently released but moved for relief from the judgment, which the district court and appeals court denied, affirming that his release did not undo the restrictions that applied when he filed. The appeals court also reminded the prisoner that although his motion to proceed without prepayment on appeal was granted, he still must make partial payments on previously assessed court fees and costs.

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    6 просмотров3 страницы

    Braun v. United States, 10th Cir. (2002)

    Загружено:

    Scribd Government Docs
    This order summarizes a pro se federal prisoner's civil rights appeal. The district court found that the prisoner had three strikes and did not demonstrate imminent danger, so it denied his motion to proceed in forma pauperis and dismissed the case when he did not pay filing fees. The prisoner was subsequently released but moved for relief from the judgment, which the district court and appeals court denied, affirming that his release did not undo the restrictions that applied when he filed. The appeals court also reminded the prisoner that although his motion to proceed without prepayment on appeal was granted, he still must make partial payments on previously assessed court fees and costs.

    Авторское право:

    Public Domain
    Скачайте в формате PDF или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    из 3

    F I L E D

    UNITED STATES COURT OF APPEALS

    United States Court of Appeals


    Tenth Circuit

    TENTH CIRCUIT

    DEC 19 2002

    PATRICK FISHER
    Clerk

    CONRAD J. BRAUN,
    Plaintiff-Appellant,
    v.

    No. 02-3252
    (D.C. No. 00-CV-3487-GTV)

    UNITED STATES OF AMERICA; N.


    L. CONNER, Warden; and JOHN
    HUNT, Unit Manager,

    (D. Kansas)

    Defendants-Appellees.
    ORDER AND JUDGMENT *
    Before KELLY, McKAY, and MURPHY, Circuit Judges.

    After examining Appellants 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); 10th Cir. R. 34.1(G).
    The case is therefore ordered submitted without oral argument.
    This is a pro se federal prisoner civil rights appeal. Before reaching the
    merits of Appellants complaint, the district court found that he was a prisoner

    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata, and collateral estoppel. The court
    generally disfavors the citation of orders and judgments; nevertheless, an order
    and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
    *

    with three strikes and no showing of imminent danger. Consequently, the court
    denied Appellants motion for leave to proceed in forma pauperis and directed
    him to pay the full district court filing fee. 28 U.S.C. 1915(g) (2002) (prisoner
    with 3-strike filing history and no showing of imminent danger must pay full
    filing fee in any civil action or appeal). The court then dismissed Appellants
    appeal for lack of prosecution. Appellant then filed a motion in the district court
    for leave to proceed ifp nunc pro tunc, asserting that 1915(g) no longer
    prevented him from proceeding ifp because he had been released from
    confinement. The district court liberally construed the filing as a motion for
    relief from final judgment and denied relief. Mr. Braun appeals to this court.
    Appellant does not contest that when he filed his complaint with the district
    court, he was a prisoner subject to 1915(g)s filing restrictions. We agree with
    the district court that [t]he fact that plaintiff was subsequently released does not
    relieve him of the restriction imposed under 1915(g) at that time[] and provides
    no basis for granting plaintiff relief from the final judgment entered in this
    action. District Court Order at 2.
    The decision of the trial court is AFFIRMED. We remind Appellant that
    because his motion to proceed without prepayment of the appellate filing fee was
    granted, he must make partial payments on court fees and costs previously

    -2-

    assessed until such have been paid in full.


    Entered for the Court

    Monroe G. McKay
    Circuit Judge

    -3-

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