Opinion
22-1414
12-21-2022
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANDRE J. TWITTY, Defendant-Appellant.
(D.C. No. 1:19-CR-00344-RBJ-1) (D. Colo.)
ORDER
Appellant Andre J. Twitty would like this court to review his pro se appeal of two minute orders entered by the district court on November 16, 2022, denying two post-conviction motions. Twitty is subject to broad filing restrictions in this court that limit his ability to prosecute appeals pro se, however. Twitty v. Daniels, No. 10-1198, 412 Fed.Appx. 110 (10th Cir. Jan. 12, 2011) (unpublished). After this appeal was opened, the court directed Twitty either to cause an attorney to enter an appearance on his behalf or submit a fully compliant petition to proceed pro se in accordance with the restrictions ordered in Daniels. Twitty submitted a petition to proceed pro se.
Having reviewed the petition for compliance, the petition misses the mark. The list of prior cases in this court omits a significant number of cases Twitty has filed here since 2003 (i.e., more than 20 are missing). Twitty is required to submit the petition as a notarized affidavit, but the petition submitted here falls short of even a proper declaration made under penalty of perjury. And the petition indicates that Twitty is not subject to filing restrictions in any other court. Twitty should be aware by now that he is also subject to filing restrictions in the District of Colorado, which have been enforced as late as this year. See, e.g., Twitty v. U.S.A., No. 22-CV-575 (D. Colo. Mar. 10, 2022) (dismissing prisoner complaint without prejudice for failure to comply with filing restrictions). Because the pro se petition is procedurally deficient, this appeal is dismissed for lack of prosecution pursuant to Tenth Circuit Rule 42.1. A copy of this order shall stand as and for the mandate of this court.