F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS SEP 2 1999 TENTH CIRCUIT PATRICK FISHER Clerk

DERRAL SCHRODER, A Free People for the Freely Associated Compact States of our Constitutional Union. (Named as: De Jure Plaintiff),

Plaintiff - Appellant,

v. No. 99-1170 (D. Ct. No. 98-N-61) PHILLIP BIENVENU, A Registered (D. Colo.) Voting member of the Corporate Federal Government, claiming a Title of Nobility, Esquire #10421 A Commissioned Officer, of Admiralty Courts, a Former District Attorney of the New Deal Corporate State of Colorado. A Socialist Communist Democracy.; STATE OF COLORADO, A New Deal Corporate subdivision of the U.S.; John and Jane Does 1 Through Unlimited (Named as: De Facto Defendants),

Defendants - Appellees.

ORDER AND JUDGMENT *

Before TACHA, McKAY, and MURPHY , Circuit Judges.

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. This 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 the appellate record, this three-judge panel

has determined unanimously that oral argument would not be of material

assistance 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.

Plaintiff Schroder filed this appeal arguing that the district court erred in

accepting the magistrate judge’s recommendation to dismiss his complaint. After

reviewing the record, we find that the magistrate judge extended every benefit to

Schroder with its lenient interpretation of his pro se complaint. The magistrate

judge thoroughly considered plaintiff’s arguments and found that even accepting

his allegations as true, Schroder had failed to state a claim on which relief could

be granted. We AFFIRM the district court’s order to dismiss plaintiff’s case and

award defendants their attorney fees and costs for substantially the same reasons

stated in the magistrate judge’s recommendation. We GRANT Schroder’s motion

for leave to proceed in forma pauperis.

ENTERED FOR THE COURT,

Deanell Reece Tacha Circuit Judge

-2-