Depineda v. Colorado, 98 F.3d 1349 (10th Cir. 1996)

ORDER AND JUDGMENT^* 

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.

Manuel Sesario DePineda appeals the district court's order dismissing his pro se action against defendants. For the reasons stated below, we dismiss the appeal.

DePineda is an inmate in the custody of the Colorado Department of Corrections. Although the state failed to raise the point, in 1994, we imposed appellate sanctions on DePineda as a result of his repetitive and abusive filings. DePineda v. Hemphill, 34 F.3d 946, 948 (10th Cir. 1994). As set forth in that opinion, we enjoined DePineda from proceeding as a pro se appellant unless he first obtains permission. We required DePineda to file certain documents with the clerk of the court, who would forward them to the Chief Judge "for review to determine whether to permit a pro se appeal.... Without the Chief Judge's approval, the matter will be dismissed." Id. DePineda has failed to file the specified documents. Thus lacking the required approval, the matter is hereby

DISMISSED. The mandate shall issue forthwith.