Sheppard v. Matheson

F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS

SEP 15 1998 FOR THE TENTH CIRCUIT

PATRICK FISHER Clerk RICKEY LAVERN SHEPPARD,

Plaintiff-Appellant, v. No. 98-3010 (D.C. No. 96-CV-3479-GTV) ALVIN MATHESON, Highway (D. Kan.) Patrolman; MAX BARRETT,

Deputy Sheriff; ROBERT BALLOUN,

Sheriff Russell County; N. JEANNE

BECKER, Magistrate Judge of Russell

County Court; PETER R. WILLIAMS,

Attorney; MERL NEY, Deputy

Sheriff; JERRY E. DRISCOLL,

Attorney,

Defendants-Appellees.

ORDER AND JUDGMENT *

Before PORFILIO , KELLY , and HENRY , Circuit Judges.

*

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. 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 case is therefore ordered submitted without oral argument. 1

Plaintiff filed a complaint pursuant to 42 U.S.C. § 1983, alleging several violations of his civil rights in connection with his arrest. The district court dismissed the claims. Upon de novo review, see Chemical Weapons Working Group, Inc. v. United States Dep’t of the Army , 111 F.3d 1485, 1490 (10th Cir. 1997), 2 we AFFIRM for the reasons cited by the district court in its December 11, 1997, order. This appeal is frivolous, malicious, or fails to state a claim upon which relief can be granted for the purpose of counting “prior occasions” under 28 U.S.C. § 1915(g) .

Entered for the Court

John C. Porfilio Circuit Judge