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George E. Chatfield v. Gale Norton

Citations: 47 F.3d 1178; 1995 U.S. App. LEXIS 10858; 1995 WL 74676Docket: 94-1297

Court: Court of Appeals for the Tenth Circuit; February 23, 1995; Federal Appellate Court

Narrative Opinion Summary

The Tenth Circuit Court of Appeals reviewed the case of George E. Chatfield v. Gale Norton, where Chatfield, the plaintiff-appellant, appealed a district court order dismissing his civil rights complaint under 42 U.S.C. § 1983 as meritless and frivolous according to 28 U.S.C. § 1915(d). Chatfield alleged that the Colorado Attorney General misrepresented facts related to his conviction in state courts. The appellate panel, consisting of Judges Tacha, Brorby, and Ebel, determined that oral argument would not materially aid in the decision and thus submitted the case without it. The court affirmed the district court's dismissal, stating the claims were frivolous. Additionally, the court granted Chatfield in forma pauperis status and a certificate of probable cause. The order and judgment clarified that while it is not binding precedent, it may be cited under certain conditions as outlined in the court's General Order from November 29, 1993. The mandate was to be issued immediately.

Legal Issues Addressed

Citation of Non-Binding Precedent

Application: The order clarified that it is not binding precedent but may be cited under conditions specified in a General Order.

Reasoning: The order and judgment clarified that while it is not binding precedent, it may be cited under certain conditions as outlined in the court's General Order from November 29, 1993.

Dismissal of Civil Rights Complaint under 28 U.S.C. § 1915(d)

Application: The court affirmed the dismissal of the plaintiff's civil rights complaint as meritless and frivolous, supporting the district court's decision.

Reasoning: The Tenth Circuit Court of Appeals reviewed the case of George E. Chatfield v. Gale Norton, where Chatfield, the plaintiff-appellant, appealed a district court order dismissing his civil rights complaint under 42 U.S.C. § 1983 as meritless and frivolous according to 28 U.S.C. § 1915(d).

In Forma Pauperis Status and Certificate of Probable Cause

Application: The court granted the plaintiff in forma pauperis status and a certificate of probable cause despite upholding the dismissal of the complaint.

Reasoning: Additionally, the court granted Chatfield in forma pauperis status and a certificate of probable cause.

Oral Argument in Appellate Proceedings

Application: The appellate panel decided that oral argument would not materially aid in the decision and opted to submit the case without it.

Reasoning: The appellate panel, consisting of Judges Tacha, Brorby, and Ebel, determined that oral argument would not materially aid in the decision and thus submitted the case without it.