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  • Forney v. State of Oklahoma, 10th Cir. (1999)

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    The United States Court of Appeals for the Tenth Circuit dismissed Kyle Wilson Forney's appeal of a district court ruling. The district court had dismissed Forney's pro se civil rights complaint against the State of Oklahoma and two assistant district attorneys for failure to state a claim. The appeals court agreed with the district court that Forney's claims regarding a pending prosecution for false declaration to a pawn broker lacked legal and factual basis and failed to state a valid claim for relief. As a result, the appeals court dismissed Forney's petition and denied his request to proceed in forma pauperis.

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    Filed: 1999-02-19 Precedential Status: Non-Precedential Docket: 98-6334

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    The United States Court of Appeals for the Tenth Circuit dismissed Kyle Wilson Forney's appeal of a district court ruling. The district court had dismissed Forney's pro se civil rights complaint against the State of Oklahoma and two assistant district attorneys for failure to state a claim. The appeals court agreed with the district court that Forney's claims regarding a pending prosecution for false declaration to a pawn broker lacked legal and factual basis and failed to state a valid claim for relief. As a result, the appeals court dismissed Forney's petition and denied his request to proceed in forma pauperis.

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    6 views2 pages

    Forney v. State of Oklahoma, 10th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Tenth Circuit dismissed Kyle Wilson Forney's appeal of a district court ruling. The district court had dismissed Forney's pro se civil rights complaint against the State of Oklahoma and two assistant district attorneys for failure to state a claim. The appeals court agreed with the district court that Forney's claims regarding a pending prosecution for false declaration to a pawn broker lacked legal and factual basis and failed to state a valid claim for relief. As a result, the appeals court dismissed Forney's petition and denied his request to proceed in forma pauperis.

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    of 2

    F I L E D

    UNITED STATES COURT OF APPEALS


    TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    FEB 19 1999

    PATRICK FISHER
    Clerk

    KYLE WILSON FORNEY,


    Plaintiff - Appellant,
    v.
    STATE OF OKLAHOMA; JOHN
    DOE, Assistant District Attorney;
    JANE DOE, Assistant District
    Attorney,

    No. 98-6334
    (D. Ct. No. CV-98-499-T)
    (W.D. Okla.)

    Defendants - Appellees.
    ORDER AND JUDGMENT *
    Before TACHA, McKAY, and MURPHY, Circuit Judges.
    After examining the briefs and the appellate record, this three-judge panel
    has determined unanimously that oral argument would not be of material
    assistance in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th
    Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.
    This appeal is from an order of the district court dismissing plaintiffs pro

    This order and judgment is not binding precedent, except under the doctrines of
    law of the case, res judicata, and collateral estoppel. This court generally disfavors the
    citation of orders and judgments; nevertheless, an order and judgment may be cited under
    the terms and conditions of 10th Cir. R. 36.3.
    *

    se complaint filed pursuant to 42 U.S.C. 1983 for failure to state a claim.


    Plaintiff argues that the district court erred in finding that his complaint did not
    allege a violation of his civil rights and was frivolous.
    Plaintiff filed this action pursuant to 42 U.S.C. 1983, alleging various
    violations of his civil rights in connection with a pending prosecution for the
    crime of false declaration to a pawn broker. Plaintiff is apparently a pre-trial
    detainee in the Oklahoma County Detention Center. Insofar as the record in this
    case shows, plaintiff has not yet been tried on that pending prosecution. The
    magistrate judge clearly construed the complaint liberally and reviewed
    thoroughly the allegations in plaintiffs pro se complaint. We agree with the
    district court that the claims asserted lack an arguable basis in law or fact and fail
    to state a claim upon which relief may be granted. See 28 U.S.C. 1915A(b)(1).
    We therefore dismiss the petition and deny the motion for leave to proceed in
    forma pauperis. The appeal is dismissed.
    ENTERED FOR THE COURT,

    Deanell Reece Tacha


    Circuit Judge

    -2-

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