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Price v. Vratil

United States Court of Appeals, Tenth Circuit
Feb 18, 2010
365 F. App'x 976 (10th Cir. 2010)

Summary

affirming the dismissal of a lawsuit against a judge as frivolous or malicious

Summary of this case from Kansas v. Price

Opinion

No. 09-3172.

February 18, 2010.

David Martin Price, Topeka, KS, pro se.

Before MURPHY, GORSUCH, and HOLMES, Circuit Judges.


ORDER AND JUDGMENT

This order and judgment is not binding precedent except under the doctrines of law of the case, res.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 examining appellant's brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist in 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.

David Price filed suit against the United States District Court for the District of Kansas, and against Kathryn Vratil, in her official capacity as the Chief Judge of that court. In a comprehensive order, the district court denied Price's request to proceed in forma pauperis, concluding Price's suit was legally frivolous. 28 U.S.C. § 1915(e)(2)(B). Accordingly, the district court dismissed the case without prejudice to the filing of a pre-paid complaint.

The case was assigned to Chief Judge Fernando Gaitan of the United States District Court for the Western District of Missouri. Chief Judge Gaitan has been designated to sit in the District of Kansas when the need arises.

Price appeals and seeks permission to proceed on appeal in forma pauperis. This court has jurisdiction pursuant to 28 U.S.C. § 1291. For all those reasons set out by the district court in its order dated May 21, 2009, this court concludes Price's appeal is frivolous or malicious. Accordingly, we hereby DISMISS this appeal and the request to proceed in forma pauperis is denied. 28 U.S.C. § 1915(e)(2)(b)(i) (providing that "[n]otwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines . . . the . . . appeal is frivolous or malicious").


Summaries of

Price v. Vratil

United States Court of Appeals, Tenth Circuit
Feb 18, 2010
365 F. App'x 976 (10th Cir. 2010)

affirming the dismissal of a lawsuit against a judge as frivolous or malicious

Summary of this case from Kansas v. Price

reaching same result in similar appeal with similar complaint

Summary of this case from Webb v. Vratil
Case details for

Price v. Vratil

Case Details

Full title:David Martin PRICE, Plaintiff-Appellant, v. Kathryn H. VRATIL, in her…

Court:United States Court of Appeals, Tenth Circuit

Date published: Feb 18, 2010

Citations

365 F. App'x 976 (10th Cir. 2010)

Citing Cases

Webb v. Vratil

For substantially the same reasons set out by the district court in its order, this court concludes that this…

Kansas v. Price

We also note that Mr. Price has had numerous other actions before this court. See Price v. Vratil, 365 F.…