Adgeh v. State of Oklahoma

Tenth Circuit

Adgeh v. State of Oklahoma

434 F. App'x 746

CourtCourt of Appeals for the Tenth Circuit

DecidedSeptember 8, 2011

Docket11-6171

StatusUnpublished

This text of 434 F. App'x 746 (Adgeh v. State of Oklahoma) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Adgeh v. State of Oklahoma, 434 F. App'x 746 (10th Cir. 2011).

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Opinion

ORDER AND JUDGMENT **

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant Mekbib G. Adgeh appeals from the district court’s judgment dismissing his action with prejudice. 1 R. *747 7. In an order of dismissal, the district court held that Mr. Adgeh’s claim of a legal right to have more than one wife, contrary to Okla. Stat. tit. 21, §§ 881, 882, failed as a matter of law and was frivolous. 28 U.S.C. § 1915(e)(2)(B)® & (ii); 1 R. 5-7.

Unable to persuade the district court, Mr. Adgeh seeks to proceed on appeal in forma pauperis (“IFP”) or without prepayment of costs or fees. This requires he demonstrate not only a financial inability to pay, but also a reasoned, non-frivolous argument as to why the district court’s resolution is incorrect. Lister v. Dep’t of Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005). “[A] complaint, containing ... both factual allegations and legal conclusions, is frivolous where it lacks an arguable basis either in law or fact.” Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).

Mr. Adgeh claims that the Oklahoma statute prohibiting polygamy violates his First Amendment right to freedom of religion. As the district court recognized, his argument is precluded by clear precedent. See Reynolds v. United States, 98 U.S. 145, 166-67, 25 L.Ed. 244 (1878) (concluding that the government has the right to punish bigamy as a religious practice, though it cannot interfere with mere religious belief); see also Potter v. Murray City, 760 F.2d 1065, 1069-70 (10th Cir. 1985) (holding that the state of Utah had a compelling interest in upholding and enforcing its ban on bigamy). Though he advances a number of policy reasons which in his opinion justify polygamy, he has not advanced a non-frivolous argument on appeal as to how the ban violates any constitutional right.

Accordingly, we DENY the motion to proceed IFP and DISMISS the appeal.

**

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R.App. P. 32.1 and 10th Cir. R. 32.1.

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ORDER AND JUDGMENT **

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant Mekbib G. Adgeh appeals from the district court’s judgment dismissing his action with prejudice. 1 R. *747 7. In an order of dismissal, the district court held that Mr. Adgeh’s claim of a legal right to have more than one wife, contrary to Okla. Stat. tit. 21, §§ 881, 882, failed as a matter of law and was frivolous. 28 U.S.C. § 1915(e)(2)(B)® & (ii); 1 R. 5-7.

Unable to persuade the district court, Mr. Adgeh seeks to proceed on appeal in forma pauperis (“IFP”) or without prepayment of costs or fees. This requires he demonstrate not only a financial inability to pay, but also a reasoned, non-frivolous argument as to why the district court’s resolution is incorrect. Lister v. Dep’t of Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005). “[A] complaint, containing ... both factual allegations and legal conclusions, is frivolous where it lacks an arguable basis either in law or fact.” Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).

Mr. Adgeh claims that the Oklahoma statute prohibiting polygamy violates his First Amendment right to freedom of religion. As the district court recognized, his argument is precluded by clear precedent. See Reynolds v. United States, 98 U.S. 145, 166-67, 25 L.Ed. 244 (1878) (concluding that the government has the right to punish bigamy as a religious practice, though it cannot interfere with mere religious belief); see also Potter v. Murray City, 760 F.2d 1065, 1069-70 (10th Cir. 1985) (holding that the state of Utah had a compelling interest in upholding and enforcing its ban on bigamy). Though he advances a number of policy reasons which in his opinion justify polygamy, he has not advanced a non-frivolous argument on appeal as to how the ban violates any constitutional right.

Accordingly, we DENY the motion to proceed IFP and DISMISS the appeal.

**

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R.App. P. 32.1 and 10th Cir. R. 32.1.

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