Scott William Swoboda, Plaintiff-appellant, v. Jerry K. Dubach; Steven J. Davies, Raymond Roberts, Danafoley, Fred Cluck, Raymond Gaul, Tom Keyes, Roberta A.dubach, Edna Fay Reder, Pam Remmers, Rhomda Dubach Miller,joi Trant, Tina Mcnemee, Mary Turner, Lisa Baurman, Jodicook, James Rush, Robert Root, Robert Meyers, Dana Foley,kansas Board of Regents Commissioners, Doniphan County(d.kan.) Defendants--appellees, 83 F.3d 433 (10th Cir. 1996)

ORDER AND JUDGMENT^* 

McKAY

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.

Defendant Scott Swoboda originally brought this action alleging various constitutional violations related to his arrest and subsequent confinement. In his first appeal, we upheld the dismissal of all his claims with the exception of his claim that excessive force had been used in his arrest. Swoboda v. Dubach, 992 F.2d 286, 291 (10th Cir. 1993). We held that the excessive force claim survived Fed. R. Civ. P. 12(b) (6). Id. We also advised the district court to reexamine Mr. Swoboda's state law claims and his motions for appointment of counsel.

On remand, the district court dismissed the excessive force claim on summary judgment, refused to appoint counsel, and declined to exercise jurisdiction over the state law claims. The court also denied Mr. Swoboda leave to proceed in forma pauperis on appeal. We have reviewed the record and agree that Mr. Swoboda has failed to make a sufficient showing on the law or on the facts that would justify granting in forma pauperis status on appeal. Mr. Swoboda's motion for leave to proceed on appeal in forma pauperis is denied and this appeal is dismissed.

DISMISSED. The mandate shall issue forthwith.