98-2054 -- Wilson v. Department of Health and Human Services -- 09/01/1998

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UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

GWENDOLYN MARIE WILSON,

Plaintiff-Appellant,

DEPARTMENT OF HEALTH AND HUMAN SERVICES, Social Security Administration and FIRST SECURITY BANK,

Defendants-Appellees.

No. 98-2054

(D.C. No. CIV-97-1495-JC)

(New Mexico)

ORDER AND JUDGMENT^(*)

Before SEYMOUR, Chief Judge, BRORBY and BRISCOE, Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is therefore ordered submitted without oral argument.

Plaintiff Gwendolyn Marie Wilson, appearing pro se, filed a nebulous complaint alleging federal fraud and extortion. The district court dismissed the complaint as unintelligible after giving plaintiff time to amend it to state a claim. Ms. Wilson appeals and we affirm.

We construe liberally the pleadings of pro se litigants. See Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). "We review de novo a district court's dismissal of a cause of action for failure to state a claim upon which relief can be granted." Chemical Weapons Working Group, Inc. (CWWG) v. United States Dep't of the Army, 111 F.3d 1485, 1490 (10th Cir. 1997).

Ms. Wilson's complaints are anomalous and obscure. We agree with the district court that Ms. Wilson's assertions are incoherent and fail to state a claim for which relief can be granted.

We AFFIRM the judgment of the district court for substantially the reasons stated by the court in its order dated January 28, 1998.

ENTERED FOR THE COURT

Stephanie K. Seymour

Chief Judge

FOOTNOTES
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^*.This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, or collateral estoppel. The 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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