Appellate Case: 25-6043 Document: 25-1 Date Filed: 06/17/2025 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT June 17, 2025 _________________________________ Christopher M. Wolpert Clerk of Court MELISSA GUNTER; AUSTIN GUNTER; AARON VANBUSKIRK,

Plaintiffs - Appellants,

v. No. 25-6043 (D.C. No. 5:23-CV-00706-SLP) STATE OF OKLAHOMA; CITY OF (W.D. Okla.) SHAWNEE; DEPARTMENT OF THE TREASURY; DEPARTMENT OF INTERIOR; GOVERNOR STIT; POTTAWATOMIE COUNTY TWENTY- THIRD JUDICIAL DISTRICT COURT; JOHN CANAVAN, in his individual and official capacity as District Court Judge; TRACY MCDANIEL, in her individual and official capacity as Associate District Judge; EMILY MUELLER, in her individual and official capacity as Special District Judge; MICHELLE FREEMAN, in her individual and official capacity as Guardian ad Litem; ALLEN GRUBB, in his individual and official capacity as District Attorney; COREY STONE, in his individual and official capacity as Assistant District Attorney; POTTAWATOMIE COUNTY DEPARTMENT OF HUMAN SERVICES; TISHA JONES, in her individual and official capacity as child welfare worker; BRENDEN WEAVER, in his individual and official capacity as child welfare worker; KREMENA ILSHIVA, in her individual and individual capacity as child welfare supervisor; SHERRI HOUSE, in her individual and official capacity as director; MARRIANNE MILLER, in her individual and official capacity as attorney at law; NOEL Appellate Case: 25-6043 Document: 25-1 Date Filed: 06/17/2025 Page: 2

TUCKER, in her individual and official capacity as attorney at law,

Defendants - Appellees. _________________________________

ORDER AND JUDGMENT* _________________________________

Before FEDERICO, BALDOCK, and MURPHY, Circuit Judges. _________________________________

After examining the Appellants’ brief and 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.

Melissa Gunter, Austin Gunter, and Aaron VanBuskirk purport to appeal from

a February 28, 2025, order of the district court resolving a series of post-judgment

motions. The overwhelming bulk of their appellate brief, however, appears to be an

attempt to relitigate matters previously resolved by this court in Gunter v. Oklahoma,

Nos. 24-6049, -6069, -6070, -6078, -6079, -6080, 2025 WL 902493 (10th Cir. Mar.

25, 2025). Such an approach is barred by the law-of-the-case doctrine. See generally

Rohrbaugh v. Celotex Corp., 53 F.3d 1181, 1183 (10th Cir. 1995). Furthermore, to

the extent the appellants seek to raise issues not presented to the district court, this

court operates in accord with the general rule and does not consider issues, theories,

* 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. 2 Appellate Case: 25-6043 Document: 25-1 Date Filed: 06/17/2025 Page: 3

and arguments not presented below. See Okland Oil Co. v. Conoco Inc., 144 F.3d 1308, 1314 n.4 (10th Cir. 1998). Appellants have offered no basis or special

circumstance justifying a deviation from that well-established general rule. See id.

Finally, to the extent appellants’ brief does challenge the order on appeal, we affirm

for the reasons set out in the district court’s thorough order. “[W]hen a [district court]

accurately takes the measure of a case and articulates a cogent rationale, it serves no

useful purpose for [us] to write at length.” Metro. Life Ins. Co. v. Zaldivar, 413 F.3d 119, 120 (1st Cir. 2005) (Baldock, J., sitting by designation) (internal quotation

marks omitted).

The order of the United States District Court for the District of Western

Oklahoma is hereby AFFIRMED.

Entered for the Court

Michael R. Murphy Circuit Judge

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