Smith v. Colorado Department of Labor & Employment

U.S. Court of Appeals for the Tenth Circuit May 21, 2014

Smith v. Colorado Department of Labor & Employment, 559 F. App'x 718 (10th Cir. 2014)

Opinion

ORDER AND JUDGMENT *

MONROE G. McKAY, Circuit Judge.

After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. RApp. P. 84(a)(2); 10th Cir. R. 34.1(G). This case is therefore ordered submitted without oral argument.

Pro se Plaintiff, Mr. Matthew Alan Smith, filed this action challenging the State of Colorado’s failure to grant him unemployment benefits. The trial court dismissed the action sua sponte because of lack of subject matter jurisdiction.

After reviewing the complaint and the trial court’s order, we conclude the trial court was correct. We therefore affirm for the reasons given by the trial court in its excellent and thorough order of dismissal.

The trial court denied plaintiff leave to proceed on appeal informa pauperis. We deny his renewed petition.

The district court order dismissing the complaint and action is AFFIRMED. The appellee’s motion to take judicial notice is GRANTED.

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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

Reference

Full Case Name: Matthew Alan SMITH, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT, Defendant-Appellee
Cited By: 1 case
Status: Unpublished