Roy Charles Peppers, Plaintiff-appellant, v. Saul Pineda; Vernon Henning; William J. Schnedar;rosewell Police Department; City of Roswell;chaves County; State of New Mexico,defendants-appellees, 976 F.2d 740 (10th Cir. 1992)

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U.S. Court of Appeals for the Tenth Circuit - 976 F.2d 740 (10th Cir. 1992) Sept. 14, 1992

Before JOHN P. MOORE, TACHA and BRORBY, Circuit Judges.


TACHA, Circuit Judge.

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.

Plaintiff-appellant Roy Charles Peppers appeals a district court order dismissing his 42 U.S.C. § 1983 claims against three of the defendants in this case.1  In his appeal, Peppers asserts that William Schnedar is not entitled to the defense of judicial immunity, that Vernon Henning is not entitled to the defense of prosecutorial immunity, and that the applicable statute of limitations does not bar his claims against Henning and Saul Pineda. After carefully reviewing the record and the briefs, we AFFIRM for substantially the same reasons as the district court. The mandate shall issue forthwith.


This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3


The district court dismissed Pepper's claims against Chaves County and the State of New Mexico on Pepper's own motion. Peppers does not appeal the district court's dismissal of his claims against the Roswell Police Department and the City of Roswell