98-2117 -- Miles v. Lujan -- 03/04/1999

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UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

GARY MILES, doing business as Sandoval County Watch Dog,

Plaintiff-Appellant,

BERNIE LUJAN, Chairman of the Planning and Zoning Commission of Sandoval County, acting under color of state law, in his individual capacity and official capacities,

Defendant-Appellee.

No. 98-2117

(D.C. No. CIV-97-969-JP/WWD)

(D. N.M.)

ORDER AND JUDGMENT^(*)

Before PORFILIO, BALDOCK, and HENRY, 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(G). The case is therefore ordered submitted without oral argument.

Plaintiff appeals from the district court's grant of summary judgment to defendant on his civil rights claims, filed pursuant to 42 U.S.C. § 1983. Plaintiff contends that the district court 1) erred in concluding that there were no genuine issues of material fact, and 2) applied the wrong legal standards in examining whether the defendant acted under color of state law.

We review the district court's grant of summary judgment de novo, applying the same legal standard used by that court pursuant to Fed. R. Civ. P. 56(c). See Kaul v. Stephan, 83 F.3d 1208, 1212 (10th Cir. 1996). After careful review of the entire record on appeal in light of these standards, and after due consideration of the parties' briefs, we conclude that the district court correctly decided this case.

The judgment of the United States District Court for the District of New Mexico is AFFIRMED.

Entered for the Court

John C. Porfilio

Circuit 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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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