UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

CHRISTOPHER V. LANGSTON,

Plaintiff-Appellant,

v.

HOWARD PAYTON, Delaware County Commissioner, CHARLES GUTHRIE, Craig County Commissioner, GEORGE HICKS, Chief Investigator for the Craig County District Attorney's Office, CARL LLOYD, Chief Investigator for the Delaware County District Attorney's Office, DELAWARE COUNTY SHERIFF'S DEPARTMENT, and CRAIG COUNTY SHERIFF'S DEPARTMENT,

Defendants-Appellees.	No. 01-5020

(D.C. No. 00-CV-242-H)

(N.D. Okla.)

ORDER AND JUDGMENT*

Before EBEL, KELLY and LUCERO, Circuit Judges.

On March 22, 2000, Plaintiff-Appellant Christopher Langston ("Mr. Langston") filed a civil rights complaint pursuant to 42 U.S.C. § 1983, in which he argued that the named Defendants-Appellees had invaded his privacy, subjected him to illegal searches and seizures, and engaged in illegal surveillance of both Mr. Langston's person and property.1 The district court, relying upon 28 U.S.C. § 1915(e)(2)(B) and Neitzke v. Williams, 490 U.S. 319, 325 (1989), dismissed Mr. Langston's complaint as frivolous. (See Langston v. Payton, et al., No. 00-CV-242 H (J), slip op. at 3, 5 (N.D. Okla. Jan. 16, 2001) (unpublished Order).) The district court nevertheless granted Mr. Langston's request to proceed on appeal in forma pauperis. (See Langston v. Payton, et al., No. 00-
CV-242 H (J), slip op. at 1 (N.D. Okla. Feb. 22, 2001) (unpublished Order).)

For substantially the same reasons as the district court, we agree that Mr. Langston's complaint must be dismissed as frivolous. See 28 U.S.C. § 1915(e); Neitzke, 490 U.S. at 327 (finding that § 1915 "accords judges not only the authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint's factual allegations and dismiss those claims whose factual allegations are clearly baseless"). Given this conclusion, we deny Mr. Langston's request to supplement the record with audio cassette tapes. Finally, because the district court previously granted Mr. Langston's request to proceed on appeal in forma pauperis, we deny as moot Mr. Langston's request filed with this court to be granted in forma pauperis status on appeal.

ENTERED FOR THE COURT

David M. Ebel

Circuit Judge