Strege v. Commissioner, SSA

• Court: Court of Appeals for the Tenth Circuit
• Decided: February 18, 2022
• Docket: 21-1311
• Status: Unpublished

Opinion

Appellate Case: 21-1311 Document: 010110647144 Date Filed: 02/18/2022 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT February 18, 2022 _________________________________ Christopher M. Wolpert Clerk of Court ADAM STREGE,

Plaintiff - Appellant,

v. No. 21-1311 (D.C. No. 1:20-CV-03084-LTB) COMMISSIONER, SSA, (D. Colo.)

Defendant - Appellee. _________________________________

ORDER AND JUDGMENT* _________________________________

Before PHILLIPS, KELLY, and MORITZ, Circuit Judges. _________________________________

Adam Strege, proceeding pro se,1 appeals the district court’s orders on his

post-judgment filings, including an amended complaint and motions to appoint a case

manager to assist with electronic filing. Exercising jurisdiction under 28 U.S.C.

§ 1291, we dismiss the appeal as frivolous.

* 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. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. 1 We liberally construe Mr. Strege’s filings but “cannot take on the responsibility of serving as [his] attorney.” Garrett v. Selby Connor Maddux & Janer, 425 F.3d 836, 840 (10th Cir. 2005) (internal quotation marks omitted). Appellate Case: 21-1311 Document: 010110647144 Date Filed: 02/18/2022 Page: 2

In 2020, Mr. Strege filed a pro se complaint against the Commissioner of the

Social Security Administration. The district court dismissed the action as frivolous

pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), explaining that the complaint “describe[d] a

fantastic or delusional scenario of the government swapping babies and putting

human hearts in nuclear reactors” and that “[t]he nonsensical allegations do not

support an arguable claim for relief, whether the claim is for false arrest, malicious

prosecution, or review of a Social Security determination.” R., vol. 1 at 52 (internal

quotation marks omitted). The court also warned “that repetitive filings in this action

may result in the imposition of sanctions, such as filing restrictions.” Id. at 53.

Mr. Strege then appealed, and we dismissed the appeal as frivolous, noting that he

“present[ed] conclusory and fantastical assertions” and failed to “explain[] the basis

of his underlying claims.” Strege v. Comm’r, 848 F. App’x 368, 370 (10th Cir.

2021).

After our mandate issued, Mr. Strege filed an amended complaint in district

court, again raising fantastical and incoherent allegations. In a minute order, the

court explained it was taking no action on Mr. Strege’s filing because the case had

been dismissed with prejudice. The court also repeated its warning regarding the

potential for sanctions. Undeterred, Mr. Strege filed two motions to appoint a case

manager and a motion seeking assistance with electronic filing. Echoing its prior

order, the court denied the motions because the case had been dismissed and

reiterated its warning regarding possible sanctions. Mr. Strege appealed.

2 Appellate Case: 21-1311 Document: 010110647144 Date Filed: 02/18/2022 Page: 3

“[D]istrict courts generally have broad discretion to manage their dockets.”

Clark v. State Farm Mut. Auto. Ins. Co., 590 F.3d 1134, 1140 (10th Cir. 2009)

(internal quotation marks omitted). However, as with his prior appeal, Mr. Strege’s

brief contains only unintelligible ramblings. He offers no coherent argument, let

alone one that “explain[s] what was wrong with the reasoning that the district court

relied on in reaching its decision.” Nixon v. City & Cnty. of Denver, 784 F.3d 1364,

1366 (10th Cir. 2015). Accordingly, because “it lacks an arguable basis in either law

or fact,” Mr. Strege’s appeal is frivolous. Thompson v. Gibson, 289 F.3d 1218, 1222

(10th Cir. 2002).

We therefore dismiss the appeal as frivolous. 28 U.S.C. § 1915(e)(2)(b)(i).

We also deny his motion for a resolution of his appeal as moot. We warn Mr. Strege

that he could be subject to filing restrictions in this court if he submits further

frivolous filings. See Ford v. Pryor, 552 F.3d 1174, 1181 (10th Cir. 2008); Andrews

v. Heaton, 483 F.3d 1070, 1078 (10th Cir. 2007). And we deny his motion to

proceed without prepayment of costs or fees due to the lack of “a reasoned,

nonfrivolous argument.” DeBardeleben v. Quinlan, 937 F.2d 502, 505 (10th Cir.

1991). We remind Mr. Strege that he remains obligated to pay the full filing fee.

Entered for the Court

Gregory A. Phillips Circuit Judge