* This order and judgment is not binding precedent, e xcept under the

doctrines of law of the case, res judicata, and col lateral estoppel. The court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### MAY 13 2004 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

THOMAS CLELLAND,

Plaintiff-Appellant,

v. JEFF GLINES; JAMES R. PRATT; STATE OF KANSAS; CRAWFORD COUNTY KANSAS COURT SERVICES OFFICE; CRAWFORD COUNTY KANSAS ATTORNEYS OFFICE, Defendants-Appellees. No. 03-3260 (D.C. No. 02-CV-2223-KHV)

(D. Kan.)

ORDER AND JUDGMENT *

Before HENRY , MURPHY , and TYMKOVICH , Circuit Judges.
After examining the briefs and appellate record, th is panel has determined unanimously that oral argument would not materiallyassist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). T he case is therefore ordered submitted without oral argument.1 Although we recognize that Mr. Clelland is proceedi ng pro se, he failed to

attach copies of the relevant district court orders as required by 10th Cir. R. 28.2(A)(1). We admonish appellees’ counsel for notcomplying with Rule 28.2(B), which requires that the appellees’ brief i nclude these rulings if the appellant fails to include them in his brief. -2- Thomas Clelland, appearing pro se, appeals from the district court’s orders granting appellee Jeffrey Glines’s motion to stay d iscovery, appellees’ motions to dismiss, appellee Crawford County Attorney’s Office ’s motion to set aside default judgment, and denying Mr. Clelland’s motion for rec onsideration of the court’s June 18, 2003 order. 1 Mr. Clelland raises eighteen issues in his brief, which the appellees have distilled into the following seven i ssues: 1) Did the district court improperly dismiss Mr. Clelland’s amended complaint ; 2) Did the district court abuse its discretion by staying discovery; 3) Did the district court abuse its discretion by setting aside the entry of default ag ainst the County Attorney’s Office; 4) Did the district court abuse its discret ion by declining to appoint an attorney to represent Mr. Clelland; 5) Did the district court err in not expressly ruling on all of Mr. Clelland’s filings; 6) Did the district court abuse its discretion by declining to recuse; 7) Did the district court e rr in its review of Mr. Clelland’s allegations of misconduct by counsel. We review de novo a district court’s dismissal for lack of subject matter jurisdiction, U.S. West, Inc. v. Tristani , 182 F.3d 1202, 1206 (10th Cir. 1999), and a district court’s dismissal for failure to state a claim for relief under-3-

Fed. R. Civ. P. 12(b)(6), Sutton v. Utah State School for Deaf & Blind , 173 F.3d 1226, 1236 (10th Cir. 1999). We review for abuse o f discretion the district court’s rulings staying discovery, see GWN Petroleum Corp. v. OK-Tex Oil & Gas, Inc. , 998 F.2d 853, 858 (10th Cir. 1993), setting aside the entry of default, see Ashby v. McKenna , 331 F.3d 1148, 1152 (10th Cir. 2003), declining t o appoint counsel, see Rucks v. Boergermann , 57 F.3d 978, 979 (10th Cir. 1995), and declining to recuse, see Bryce v. Episcopal Church in the Diocese of Colorado , 289 F.3d 648, 659 (10th Cir. 2002). Having reviewed the briefs, the record, and the app licable law pursuant to the above-mentioned standards, we conclude that the district court correctly decided this case. We therefore AFFIRM the challen ged decisions for substantially the same reasons stated by the distri ct court in its orders of August 7, 2002, December 17, 2002, January15, 2003, April 11, 2003, June 18, 2003 and August 15, 2003. Mr. Clelland’s request to proceed in forma pauperis is DENIED because he has not presented a reasoned, nonfrivolous argument on appeal. See McIntosh v.-4-

United States Parole Comm’n , 115 F.3d 809, 812-13 (10th Cir. 1997). All other motions filed by Mr. Clelland are DENIED.

Entered for the Court

Michael R. Murphy Circuit Judge