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

### APR 30 1997 

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

ERIC LEVANTER DEMILLARD,

Plaintiff-Appellant,

v. STATE OF UTAH; CITY OF SALT LAKE CITY, UTAH; SALT LAKE COUNTY; VALLEY MENTAL HEALTH; WEST JORDAN, UTAH POLICE DEPARTMENT; CITY OF WEST JORDAN; UTAH PUBLIC EMPLOYEES ASSOCIATION; KIM BEGLARIAN, Officer, University of Utah Police Department; KAREN BESENHOFER, 1st year practicum director, Graduate School of Social Work, University of Utah; JUDY BRADY, Instructor/Faculty Member, Graduate School of Social Work, University of Utah; CRAIG BROWN, Senior Director of Adult Services, Valley Mental Health Administration; NANCY COHN, Psychologist; GREGG CURTIS, Assistant West Jordan City Attorney; DAVID DANGERFIELD, Executive Director Valley Mental Health Administration; KAY L. DEA, Dean, Graduate School of Social Work, University of Utah; CATHIE DELEWSKI, Instructor/Faculty Member, Graduate School of Social Work, University of Utah; RICHARD ELBING, L.C.S.W.; STEPHANIE HARPST, Instructor/Faculty Member, No. 96-4145 (D.C. No. 94-CV-949) (D. Utah)-2-

Graduate School of Social Work, University of Utah; STEVEN HOMER, West Jordan City Attorney; BONNIE LANTZ, Practicum Director, Graduate School of Social Work, University of Utah; JAN GRAHAM, Attorney General; RANDY LINNELL, L.C.S.W.; ALAN MENDELSOHN, Psychologist; DOUG MOTTONEN, Unit Director, East Valley Office of Valley Mental Health and also Mental Health Care of Utah; ERIC NIELSEN, D.S.W.; PHILIP K. PALMER, Third Circuit Court Judge; ROBIN W. REESE, Third Circuit Court Judge; JIM RICCIARDI, Psychologist; WAYNE SHEPHERD, Chief of Police, University of Utah Police Department; BEN LEMMON, Officer; ARTHUR SMITH, President, University of Utah; LARRY SMITH, Instructor/Faculty Member and Admission Director, Graduate School of Social Work, University of Utah; DANIEL WATERS, Captain, University of Utah Police Department; O. LANE MCCOTTER, Executive Director, Utah State Department of Corrections; BEATRICE AVERY, L.C.S.W.; SCOTT CARVER, Prison Administrator, Utah State Prison; JAY LESLIE, Prison Administrator, Utah State Prison; BERYL BECKNER, L.C.S.W.; WESTON WHATCOTT, L.C.S.W.; CHERYL LUKE, Salt Lake City Prosecutor; JANICE FROST, Assistant Salt Lake City Prosecutor; MARSHA ATKIN, Assistant Salt Lake City Prosecutor; TODD GODFREY, Assistant Salt Lake City Prosecutor;* This order and judgment is not binding precedent, e xcept under the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.

** Honorable Michael Burrage, Chief Judge, United Stat es District Court for the Eastern District of Oklahoma, sitting by design ation. -3- RALPH ADAMS, Assistant Attorney General; ROSS LARSEN, Investigator; KAYE COLEMAN, Director, Office of Equal Opportunity and Affirmative Action; DENNIS HUNTER, Counselor, Salt Lake County Pre-Trial Services; LON HINDE, Counselor, Salt Lake County Pre-Trial Services; MAUNA GIBSON, Counselor, Salt Lake County Pre-Trial Services; R. SPENCER ROBINSON, Administrative Law Judge; LOU ANN JORGENSEN, Assistant Dean, Graduate School of Social Work, University of Utah; DEPARTMENT OF PROTECTIVE SERVICES AND EXECUTIVE PROTECTION; IVAN ORR, Executive Director, Peace Officer Standards and Training; FRED BAIRD, Certification Supervisor, Peace Officer Standards and Training,

Defendants-Appellees.

ORDER AND JUDGMENT *

Before PORFILIO and LOGAN, Circuit Judges, and BURRAGE, District Judge. **-4-

After examining the briefs and appellate record, th is panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The c ase is therefore ordered submitted without oral argument. Plaintiff Eric Levanter DeMillard brought this acti on pro se seeking damages for alleged violations of his rights under the Americans with Disabilities Act of 1990 and other federal civil rights laws. T he matter was referred to a magistrate judge who concluded that the complaint c ontained only vague, conclusory allegations lacking sufficient factual d etails to support plaintiff’s claims. The magistrate judge ordered plaintiff to file an amended complaint, provided instructions for filing a factually adequate complaint, and informed plaintiff that not filing an adequate amended compl aint could result in dismissal with prejudice. Plaintiff filed an amended complai nt. On motions from defendants to dismiss for various reasons including failure to state a claim, the district court concluded that plaintiff had not fol lowed the magistrate judge’s instructions and had not filed a complaint with suf ficient factual allegations to state any claims against any defendants. The courttherefore dismissed the complaint with prejudice pursuant to Fed. R. Civ. P . 12(b)(6). Plaintiff appeals. We review the district court’s dismissal for failur e to state a claim de novo,

see Kidd v. Taos Ski Valley, Inc. 88 F.3d 848, 854 (10th Cir. 1996), and construe plaintiff’s pleadings liberally, see Hall v. Bellmon , 935 F.2d 1106, 1110 (10th-5-

Cir. 1991). We have considered plaintiff’s argumen ts and reviewed the record, and we agree with the district court’s conclusion t hat plaintiff failed to allege sufficient facts to state claims against defendants . We therefore affirm the district court’s dismissal of this case for substantially the same reasons as stated in the district court’s August 8, 1996 order. The judgment of the United States District Court fo r the District of Utah is AFFIRMED. The mandate shall issue forthwith.

Entered for the Court

Michael Burrage Chief District Judge