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UNITED
STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
| DAVID WAYNE LANDRY,
Plaintiff - Appellant,
v.
ANN M. VENEMAN, Secretary,
United States Department of
Agriculture,
Defendant - Appellee. |
No. 01-7121
(D.C. No. 00-CV-546-S)
(E. D. Oklahoma)
|
ORDER AND JUDGMENT(*)
Before EBEL, HOLLOWAY,
and MURPHY, Circuit Judges.
For the third time, appellant David Wayne Landry seeks review of the
decisions and determinations made by the Secretary of Agriculture, which
resulted in denial of his request for loans from the Department of Agriculture.(1)
The district court dismissed the action, holding that the claims were barred by the
doctrine of res judicata. After reviewing the briefs and record on appeal, we
conclude that the district court was correct. Specifically, and in answer to
appellant's only challenge to the district court's res judicata findings, the parties
to this and all of appellant's previous actions are either identical or in privity.
See Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381, 402 (1940). Thus,
we AFFIRM for substantially the same reasons stated in the district court's order
dated May 29, 2001.
Entered for the Court
David M. Ebel
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 This order and judgment is not binding
precedent, except under the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. 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.
1. 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)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
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