UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

BARRY WATSON,

Plaintiff - Appellant,

No. 06-6350
v.	W.D. Okla.
HAROLD MAURICE JAMES; KEVIN MCCRAY; RAY C. ELLIOTT; NATHAN DILLS; ROBERT BYBEE; MIKE SPEEGLE; JERAL SCOTT DUPY; ALLEN J. WELCH; JEFFREY BYERS; JENNIFER RICHARD; CAROLYN L. MERRITT,

Defendants - Appellees.	(D.C. No. 06-CV-462-R)

ORDER DISMISSING APPLICATION AS FRIVOLOUS

Before KELLY, MURPHY, and O'BRIEN, Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in 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.

Barry Watson, pro se,1 appeals from the district court's dismissal of his 42 U.S.C. § 1983 complaint on statute of limitations grounds. We dismiss his frivolous appeal.

Background

In his complaint, Watson related this series of events. Watson was arrested on April 16, 1998. On November 6, 2000, he proceeded to trial in state court and was represented by a state public defender. On November 29, 2000, he was sentenced after being found guilty of charges arising from the April 1998 incident. Carolyn Merritt, a staff lawyer at the state public defender's office who did not serve as trial counsel, represented Watson on direct appeal. She did not raise assignments of error based on ineffective assistance of trial counsel or trial counsel's alleged conflict of interest. On October 18, 2001, the Oklahoma Court of Criminal Appeals affirmed Watson's conviction and sentence.

More than four years later, on April 25, 2006, Watson filed a civil rights complaint in federal court against his appellate counsel, his trial counsel, the officers involved in his April 1998 arrest, and his trial judge. He alleged Merritt conspired with "co-workers, a state official or state officials," acting under color of state law, to deny his rights to 1) direct appeal; 2) conflict-free and effective assistance of counsel; 3) due process; and 4) equal protection. He also claimed he was denied equal protection of the law during his direct appeal because of his poverty and race. He sought 1) a jury trial; 2) declaratory and injunctive relief against his trial judge; and 3) monetary damages against the remaining defendants.

The magistrate judge concluded Watson's claims were filed well after the two-year statute of statute of limitations had run and recommended dismissing Watson's complaint. Over Watson's objections, the district court adopted the magistrate judge's report and recommendation and dismissed Watson's complaint as untimely. The court left its previous grant of leave to proceed ifp intact but imposed a strike under 28 U.S.C. § 1915(g). Watson has filed a motion for leave to file ifp in this Court even though it is unnecessary to do so.2 See Fed. R. App. P. 24(a)(5).

Under 28 U.S.C. § 1915(e)(2)(B)(i), this Court must dismiss frivolous appeals. Watson's brief fails to present any legal theory or refer to specific facts that could conceivably refute the district court's thoroughly reasoned disposition.

DISMISSED.3

ENTERED FOR THE COURT

Terrence L. O'Brien

Circuit Judge