Baldauf v. Garoutte, 100208 FED10, 07-1452
|Party Name:||LEONARD BALDAUF, Plaintiff-Appellant, v. FRANCES GAROUTTE; EUGENE E. ATHERTON; JOHN STONER; STEVE SCHUH; CATHY SLACK; VICKY RIDDLE; MIKE ARELLANO; ED GILLESPIE; DONALD MCCALL; GLORIA BREIDENBACH; GARY PITTMAN; MIKE WEBB; GERALD KNAPIC; JOSEPH WILLIAM SIMS; DANIEL GALLAGHER; DAVE LINAM; KARRY PAINE; WILLIAM BEARD; JAMES HALSTEAD; H. BENNETT; CHARLES|
|Case Date:||October 02, 2008|
|Court:||United States Courts of Appeals, Court of Appeals for the Tenth Circuit|
D.C. No. 1:03-CV-01104-REB-CBS D. Colo.
Before TACHA, PORFILIO, and TYMKOVICH, Circuit Judges.
ORDER AND JUDGMENT[*]
Deanell Reece Tacha Circuit Judge
This is an appeal after remand of plaintiff-appellant Leonard Baldauf's 42 U.S.C. § 1983 civil rights case. The district court dismissed the § 1983 action because of Baldauf's "failures to comply adequately with 28 U.S.C. § 1915 and the court's orders regarding partial filing fee payments." R. Vol. II, doc. 237 at 2. Baldauf, appearing pro se, argues that 1) his motion for default should have been granted; 2) his failure to pay the filing fee was the fault of his custodian, the Colorado Department of Corrections (CDOC); 3) the district court improperly treated his request for counsel as a request for private counsel when, in fact, Baldauf requested an interim appointment of class counsel pursuant to Fed. R. Civ. P. 23(g); and 4) exhaustion should not bar his claims. Our jurisdiction arises under 28 U.S.C. § 1291. We review dismissal for failure to comply with court orders for abuse of discretion, Cosby v. Meadors, 351 F.3d 1324, 1326 (10th Cir. 2003). Having found no such abuse, we affirm.
As mentioned above, Baldauf argues that CDOC failed to make payments on his behalf. That argument is foreclosed by Cosby, 351 F.3d at 1332 (refusing to excuse prisoner's failure to pay on this ground because "it was still Plaintiff's obligation to notice...
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