UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

ANDRES T. DEPINEDA, named as petitioner on behalf of Manuel Sesario Depineda,

Petitioner-Appellant,

v.

RANDY HENDERSON, C.M.C.; ATTORNEY GENERAL FOR THE STATE OF COLORADO; SUSAN JONES, Assistant Superintendent; and FRANK MILLER, Assistant Superintendent,

Respondents-Appellees.	No. 97-1335

(D.C. No. 97-D-1310)

(District of Colorado)

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