F I L E D United States Court of Appeals Tenth Circuit

DEC 4 1997

UNITED STATES COURT OF APPEALS PATRICK FISHER Clerk TENTH CIRCUIT

SHERMAN G. FINESILVER; JOHN C. PORFILIO, formerly known as John P. Moore; CLARENCE A. BRIMMER; STEPHANIE K. SEYMOUR; THOMAS M. O’ROURKE; and GERALD J. RAFFERTY, Plaintiff-Counter- Defendants-Appellees, v. JOAN FITZGERALD, in her official No. 97-1260 capacity as the Clerk and Recorder of Jefferson County, Colorado; RETA A. (No. 96-Z-1614) CRAIN, in her official capacity as Clerk and Recorder of Douglas County, (D. Colo.) Colorado; DONITTA DAVIDSON, in her official capacity as Clerk and Recorder of Arapahoe County, Colorado; and ELBRA WEDGEWORTH, in her official capacity as Clerk and Recorder for the City and County of Denver, Colorado,

Defendants,

and GERALD L. ROGERS,

Defendant-Counter- Claimant-Cross-Claimant- Appellant,

v.

CITY AND COUNTY OF DENVER; JEFFERSON COUNTY; DOUGLAS COUNTY; and ARAPAHOE COUNTY,

Cross-Claim-Defendants.

ORDER AND JUDGMENT*

Before BALDOCK, McKAY, and LUCERO, Circuit Judges.

After examining the briefs 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); 10th Cir. R. 34.1.9. The case is therefore ordered

submitted without oral argument.

Appellant, Mr. Gerald L. Rogers, appeals the district court’s nullification of his

liens against Appellees’ property and its determination that Appellees, all of whom are

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.

2 judges or prosecutors, are immune from Appellant’s claims. We deny Appellant’s

Motion for Reconsideration to Recuse and affirm the judgment of the district court for the

reasons given in its Order and Judgment filed May 16, 1997.

AFFIRMED.

Entered for the Court

Monroe G. McKay Circuit Judge

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