Smith, et al v. Roach, No. 10-6000 (10th Cir. 2010)

Annotate this Case

Download PDF

FILED United States Court of Appeals Tenth Circuit April 13, 2010 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT DENNIS LEON SMITH and BRUCE CLYDE SMITH, No. 10-6000 Plaintiffs-Appellants, v. (W.D. of Okla.) MICHAEL W. ROACH, United States Marshal, (D.C. No. CV-5:09-01085-HE) Defendant-Appellee. ORDER AND JUDGMENT * Before HARTZ, ANDERSON, and TYMKOVICH, Circuit Judges. ** Dennis Leon Smith and Bruce Clyde Smith appeal the Order dismissing their case from district court. We have jurisdiction under 28 U.S.C. § 1291. After reviewing Appellants filings in this case, including the record on appeal, and the * This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata and collateral estoppel.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. ** 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); 10th Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument. district court s Order dismissing the Smiths case with prejudice, we DISMISS this appeal. We also DENY both Appellants Motions for Leave to Proceed on Appeal Without Prepayment of Costs or Fees, and remind Appellants to contact the clerk of the district court to arrange payment plans for their filing fee. Further, we DENY Appellants request to forward the 248-page Record on Appeal. Entered for the Court Timothy M. Tymkovich Circuit Judge -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.