Opinion
No. 14-8032
07-22-2014
ERIC LEVANTER DeMILLARD, Plaintiff - Appellant, v. RICHARD BURTON, Wyoming Department of Corrections Medium Correctional Institution Therapist; DR. HARBANS HANS, Wyoming Department of Corrections Medium Correctional Institution Psychiatrist; STEVE HARGETT, Warden, Wyoming Department of Corrections Medium Correctional Institution Warden; NEICOLE MOLDEN, Wyoming Department of Corrections Medium Correctional Institution Unit Manager; RUBY ZIEGLER, Wyoming Department of Corrections Medium Correctional Institution Deputy Warden; JOANNA TRUSSEL, Wyoming Department of Corrections Medium Correctional Institution Licensed Clinical Social Worker; CAROL RILEY, Wyoming Department of Corrections Medium Correctional Institution Law Librarian; STEPHANIE SCHWARTZ, Wyoming Department of Corrections Medium Correctional Institution Psychiatric Technician; DEBBIE LEE, Wyoming Department of Corrections Medium Correctional Institution Psychiatric Technician; NATHAN JENSEN, Wyoming Department of Corrections Medium Correctional Institution Psychiatric Technician; DOLLY BIRKLE, Wyoming Department of Corrections Medium Correctional Institution Case Worker; MARCUS HAYMAN, Wyoming Department of Corrections Medium Correctional Institution Case Worker; JESSICA MUNOZ, Wyoming Department of Corrections Medium Correctional Institution Case Worker; TERESA G. PENNINGTON, Wyoming Department of Corrections Medium Correctional Institution Therapist; PAUL CORNISH, Wyoming Department of Corrections Medium Correctional Institution Officer; LEN DIMAS, Wyoming Department of Corrections Medium Correctional Institution Sergeant; JERRY GARZA, Wyoming Department of Corrections Medium Correctional Institution Sergeant; KYLE WILDEMAN, Wyoming Department of Corrections Medium Correctional Institution Sergeant; CARRIE CARRUTHERS, Wyoming Department of Corrections Medium Correctional Institution Captain; STEVEN CHULSKI, Wyoming Department of Corrections Medium Correctional Institution Corporal; DANIEL ANGELL, Wyoming Department of Corrections Medium Correctional Institution Officer; IAN COTTRELL, Wyoming Department of Corrections Medium Correctional Institution Officer; RENE ELIZARDO, Wyoming Department of Corrections Medium Correctional Institution Officer; JOSEPH GAUL, Wyoming Department of Corrections Medium Correctional Institution Officer; ELLIOTT HOFFMAN, Wyoming Department of Corrections Medium Corrections Institution Officer; ADAM KENNEDY, Wyoming Department of Corrections Medium Corrections Institution Officer; CAMERON LARSON, Wyoming Department of Corrections Medium Corrections Institution Officer; JHONATHAN McCLAIN, Wyoming Department of Corrections Medium Corrections Institution Officer; WESLEY MILLER, Wyoming Department of Corrections Medium Corrections Institution Officer; KENNETH SMITH, Wyoming Department of Corrections Medium Corrections Institution Officer; MICHAEL WISEMAN, Wyoming Department of Corrections Medium Corrections Institution Officer; MICHELLE WOLFLEY, Wyoming Department of Corrections Medium Corrections Institution Officer; MELODY NORRIS, Wyoming Department of Corrections Medium Corrections Institution Records Manager; MICHAEL McMANIS, Wyoming Department of Corrections Medium Corrections Institution Lieutenant; PAUL METEVIER, Wyoming Department of Corrections Medium Corrections Institution Corporal; JEFFREY CAMPBELL, Wyoming Department of Corrections Medium Corrections Institution Officer; SCOTT LEEVER, Wyoming Department of Corrections Medium Corrections Institution Team Leader; EARL UMBENHOWER, Wyoming Department of Corrections Medium Corrections Institution Recreation Manager, individually and in their official capacities, Defendants - Appellees.
(D.C. No. 2:14-CV-00016-ABJ)
(D. Wyo.)
ORDER AND JUDGMENT
After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f) and 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. 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.
Before GORSUCH, MURPHY, and HOLMES, Circuit Judges.
Eric DeMillard, a prisoner in Wyoming, filed a pro se complaint against various prison officials under 42 U.S.C. § 1983. In it, Mr. DeMillard sought $8 billion from the defendants who, he alleged, kidnaped and tortured him. The district court noted that Mr. DeMillard had been incarcerated for violating the terms of his parole. Because Mr. DeMillard offered nothing to dispute this, no allegations or arguments to support his claim, the district court dismissed Mr. DeMillard's complaint without prejudice, deeming it "unquestionably frivolous."
We see no reversible error here. Mr. DeMillard's brief identifies no flaw in the district court's reasoning. Neither do we discern any after our own independent examination. Accordingly, for the reasons given by the district court, we deny Mr. DeMillard's motion to proceed in forma pauperis and this appeal is dismissed. The three-strikes provision of the PLRA applies to Mr. DeMillard and requires us to assess a strike against him. See 28 U.S.C. § 1915(g). That is in addition to the strikes Mr. DeMillard previously incurred (one when the district court dismissed his complaint in this case for failure to state a claim; the other when a district court dismissed a prior complaint of Mr. DeMillard as legally frivolous.). See DeMillard v. Municipality of Denver, No. 10-cv-002536-BNB, 2011 WL 900827, at *4 (D. Colo. Mar. 11, 2011). Mr. DeMillard is reminded he must pay his filing fee in full.
Entered for the Court
Per Curiam