UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

JAMES A. CHILDS,

Plaintiff-Appellant,

v.

JOE ORTIZ, BARRY PARDUS; DENNIS BURBANK; RANDY FOSHEE; WILLIAM RICHTER; T. KEELER; LT. HOLCOMB; DONNA MURPHY, et al.; STEVE OWENS; DONALD McCALL; JIM BROWN; SGT. SIMMONS; SGT. MEYER; PHIL MARMALEJO; JULIE RUSSELL; JASON ELSE; ANTHONY A. DECESARO; KAREN COOPER; MICHAEL ARELLANO; LARRY REID,

Defendants-Appellees.	No. 06-1337

(D.C. No. 06-CV-760-ZLW)

(Colorado)

ORDER AND JUDGMENT*

Before MURPHY, SEYMOUR, and McCONNELL, Circuit Judges.

James A. Childs, a pro se state prisoner,1 brought a complaint in the district court challenging various conditions of his confinement. The district court dismissed his claims as repetitive, and thus frivolous, because he had raised identical claims in a separate pending action. We affirm.

Mr. Childs filed duplicative complaints that were received by the district court four days apart. The two complaints were treated as separately filed actions. The district court dismissed this second complaint as frivolous in light of its contemporaneously filed twin. "We review the district court's [28 U.S.C.] § 1915(e) dismissal for an abuse of discretion." McWilliams v. Colorado, 121 F.3d 573, 574-75 (10th Cir. 1997). As noted by the district court, repetitious litigation of virtually identical causes of action may be dismissed as frivolous under § 1915(e). Id. at 574. As this complaint in fact repeats the claims made in Childs v. Ortiz, No. 06-cv-00741-BNB, slip op. (D. Colo. Aug. 4, 2006), the district court did not abuse its discretion by dismissing this action.

Mr. Childs seeks leave to proceed in forma pauperis. Because he has failed to demonstrate the existence of "a reasoned, nonfrivolous argument on the law and the facts in support of the issues raised on appeal," McIntosh v. U.S. Parole Comm'n, 115 F .3d 809, 812-13 (10th Cir. 1997), we deny his request to proceed ifp, and order immediate payment of the unpaid balance of the filing fee.

Accordingly, we DENY Mr. Child's motion to proceed ifp and we DISMISS the appeal.2

ENTERED FOR THE COURT

Stephanie K. Seymour

Circuit Judge