Wilbur A. Young v. Denver Ready Mix, Inc.
Docket: 92-1114
Court: Court of Appeals for the Tenth Circuit; October 22, 1996; Federal Appellate Court
The Tenth Circuit Court of Appeals reviewed the case of Wilbur A. Young, the pro se plaintiff-appellant, against Denver Ready Mix, Inc., the defendant-appellee, concerning a dismissal by the district court of Young's claims under various statutes including 42 U.S.C. § 1983 and Title VII. The district court dismissed the case for failure to state a claim and due to the defendant's bankruptcy filing, which invoked an automatic stay under 11 U.S.C. § 362. The appellate panel, consisting of Judges Tacha, Baldock, and Briscoe, determined that oral argument was unnecessary for resolving the appeal. Upon reviewing the briefs and record, the panel found that the plaintiff had not sufficiently articulated a claim that warranted relief and had not demonstrated why the case should proceed despite the bankruptcy stay. Consequently, the appellate court affirmed the district court's dismissal for the reasons provided in its order. The ruling emphasizes that while unpublished opinions are generally disfavored for citation, they may be cited if they offer persuasive value and adhere to specific procedural requirements. The judgment is not binding precedent except under the principles of law of the case, res judicata, and collateral estoppel.