Opinion
22-4002
01-27-2022
KEVIN LEE KERKHOFF, Plaintiff - Appellant, v. WEST VALLEY CITY DISTRICT COURT; ATTORNEY GENERAL'S OFFICE; CORY R. WALL; THADEUS WENT; BRETT BOLTON; KEVIN BISHOP, Defendants - Appellees.
(D.C. No. 2:14-CV-00209-RJS) (D. Utah)
Before HARTZ, HOLMES, and BACHARACH, Circuit Judges.
ORDER
Pro se plaintiff Kevin Lee Kerkhoff filed a notice of appeal in the underlying case on January 18, 2022, and amended it on January 24, 2022. But the plaintiff already filed an appeal in 2015, which resulted in a decision on the merits from this court. Kerkhoff v. West Valley City Dist. Ct., et al., No 15-4038, 647 Fed.Appx. 898 (10th Cir. May 23, 2016) (unpublished). Filing a second or subsequent appeal from the same final decision is not permitted by the federal appellate rules. Additionally, the district court has had no new entries on its docket since 2016. In other words, nothing new has occurred that Mr. Kerkhoff could appeal. Consequently, we conclude this court lacks jurisdiction to consider Mr. Kerkhoff's successive appeal. Amazon, Inc. v. Dirt Camp, Inc., 273 F.3d 1271, 1274 (10th Cir. 2001) ("[W]e have an independent duty to examine our own jurisdiction." (citation omitted)). This appeal is dismissed.