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UNITED STATES COURT OF APPEALS
TENTH CIRCUIT
ORDER AND JUDGMENT(*)
Before PORFILIO, KELLY, and HENRY, Circuit
Judges.
Andres T. Depineda filed a pro se action in the district court seeking a writ of
habeas corpus on behalf of his brother Manuel Sesario Depineda. Manuel is an abusive
filer already sanctioned by this court for his persistent frivolous litigation in an order
enjoining him from litigating unless represented by a licensed attorney. Depineda
v.
Hemphill, 34 F.3d 946 (10th Cir. 1994). This proceeding is a clumsy and thinly
disguised attempt to evade our injunction and avoid the consequences. The district court
properly held Andres Depineda lacked standing to bring this wholly frivolous action, and
we AFFIRM that holding. Andres and Manuel Depineda are further put on
NOTICE
that any attempt by either or both of them to evade the injunction ordered restricting pro
se litigation by Manuel Depineda may result in further sanctions by this court. The
application to proceed without payment of fees is DENIED and the"Motion to
Dismiss
Sua Sponte" is DENIED. The mandate shall issue forthwith.
ENTERED FOR THE COURT
John C. Porfilio
Circuit Judge
FOOTNOTES
Click footnote number to return to corresponding location in the text.
*. This order and judgment is not binding
precedent, except under the doctrines of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.
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