Professional Documents
Culture Documents
JUL 17 2000
PATRICK FISHER
Clerk
SANFORD B. SCHUPPER,
Plaintiff-Appellant,
v.
FOURTH JUDICIAL DISTRICT
ATTORNEYS OFFICE FOR THE
STATE OF COLORADO,
No. 99-1402
(D.C. No. 98-B-2029)
(D. Colo.)
Defendant-Appellee.
ORDER AND JUDGMENT
After examining the briefs and appellate record, this panel has determined
unanimously to grant the parties request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument.
This order and judgment is not binding precedent, except under the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.
Deaf & Blind , 173 F.3d 1226, 1236 (10th Cir. 1999). The courts function on
a Rule 12(b)(6) motion is not to weigh potential evidence that the parties might
present at trial, but to assess whether the plaintiffs complaint alone is legally
sufficient to state a claim for which relief may be granted.
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Id. (quotation
Roberts
quoting
Fund Ins. Co. , 175 F.3d 1221, 1237 n.15 (10th Cir. 1999).
This court may decline to review an issue where counsel does not fulfill
the responsibility to provide a document necessary for consideration and
determination of the issue.
see also
Rios v. Bigler , 67 F.3d 1543, 1553 (10th Cir. 1995) (It is not this courts burden
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985 F.2d 491, 494 (10th Cir. 1993) (When the record on appeal fails to include
copies of the documents necessary to decide an issue on appeal, the Court of
Appeals is unable to rule on that issue.). Therefore, by failing to include the
complaint as part of his appendix, Mr. Schupper waives any claims concerning the
district courts finding of insufficiency.
The judgment of the United States District Court for the District of
Colorado is AFFIRMED.
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