International Academy of Lymphology, Johna May, and C.samuel West, Plaintiffs-appellants, v. United States of America, Defendant-appellee, 986 F.2d 1427 (10th Cir. 1993)

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 cause is therefore ordered submitted without oral argument.

The pending motion of the appellants, as individuals, for leave to proceed without prepayment of costs or fees is granted. The motion for a Certificate of Probable Cause is denied as having been improperly brought in this proceeding. See 28 U.S.C. § 2253. All other pending motions of appellants are denied. The judgment of the district court dismissing the complaint is affirmed. By an order dated August 27, 1991, the district court dismissed an action filed by the appellants substantially involving the same issues. That order was appealed to this court, and the appeal was dismissed for want of prosecution on January 23, 1992 (10th Cir. No. 91-4231). Upon that dismissal the order of the district court became final and res judicata. That is, the same issues cannot again be litigated, which is what appellants have attempted to do in the present action.

The government's motion for sanctions against the appellants for bringing a frivolous appeal is denied in this instance. However, any further attempt by appellants to pursue this settled matter may subject them to sanctions.

AFFIRMED.