Snyder v. Kitts

Citation124 F.3d 217
PartiesNOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of
Decision Date29 November 1993
CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)

Before BRORBY, EBEL and KELLY, Circuit Judges.

ORDER AND JUDGMENT *

WADE BRORBY, United States 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 Gerry L. Snyder appeals from the district court's dismissal of his complaint and imposition of future filing restrictions. Our review of the district court's decision to dismiss is de novo. Pelt v. Utah, 104 F.3d 1534, 1540 (10th Cir.1996); Urban ex rel. Urban v. Jefferson County Sch. Dist. R-1, 89 F.3d 720, 724 (10th Cir.1996). This court will

approve[ ] [filing] restrictions placed on litigants with a documented lengthy history of vexatious, abusive actions, so long as the court publishes guidelines about what the plaintiff must do to obtain court permission to file an action, and the plaintiff is given notice and an opportunity to respond to the restrictive order.

Werner v. Utah, 32 F.3d 1446, 1448 (10th Cir.1994).

Mr. Snyder's complaint concerns a mortgage foreclosure action filed in Kansas state court, and is his third attempt to contest and invalidate that action in federal court. The district court dismissed Mr. Snyder's complaint on the grounds of lack of subject matter jurisdiction, failure to state a claim against any defendant upon which relief might be granted, collateral estoppel, res judicata, and judicial immunity. Moreover, because the...

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