UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

_________________________________ 

PATRICK C. LYNN, 

 Plaintiff - Appellant, 

v. 

ANTHONY MCCURRIE, Lansing 

Correctional Facility, in his 

individual capacity; FNU FORTIER, 

Lansing Correctional Facility, in his 

individual capacity; DEREK 

SWEIGART, Lansing Correctional 

Facility, in his individual capacity; 

JOHN SPEER, Lansing Correctional 

Facility, in his individual capacity; 

LUCAS SERRANO, Lansing 

Correctional Facility, in his 

individual capacity; DAVID 

SMITH, Lansing Correctional 

Facility, in his individual capacity; 

RYAN SHEPPARD, Lansing 

Correctional Facility, in his 

individual capacity; BRADLEY 

BOYD, Lansing Correctional 

Facility, in his individual capacity; 

REX PRYOR, Lansing Correctional 

Facility, in his individual capacity; 

ANDREW LUCHT, Lansing 

Correctional Facility, in his 

individual capacity; COLETTE 

WINKELBAUER, Lansing 

Correctional Facility, in her 

individual capacity; DAN EAST, 

Lansing Correctional Facility, in his 

individual capacity; CHRIS ROSS, 

Lansing Correctional Facility, in his 

individual capacity; TODD 

WALTERS, Lansing Correctional 

No. 19-3090 

(D.C. No. 5:17-CV-03041-JWB-KGG) 

(D. Kan.)

FILED 

United States Court of Appeals 

Tenth Circuit 

July 14, 2020

Christopher M. Wolpert 

Clerk of Court
2 

Facility, in his individual capacity; 

SHERRI PRICE, Lansing 

Correctional Facility, in her 

individual capacity; WADE 

SCHMIERER, Lansing Correctional 

Facility, in his individual capacity; 

CHRIS HUNT, Lansing Correctional 

Facility, in his individual capacity; 

FNU AYALA-PAGEN, Lansing 

Correctional Facility, in her 

individual capacity; SVEN 

HANSON, Lansing Correctional 

Facility, in his individual capacity; 

JEFFREY BAXTER, Lansing 

Correctional Facility, in his 

individual capacity; RICHARD 

MEIKLE, Lansing Correctional 

Facility, in his individual capacity; 

JOHN BAILEY, Lansing 

Correctional Facility, in his 

individual capacity; MIKE BILAR, 

Lansing Correctional Facility, in his 

individual capacity; FNU 

ONTIVEROS, Lansing Correctional 

Facility, in his individual capacity; 

FNU STOGSDILL, Lansing 

Correctional Facility, in his 

individual capacity; FNU ZWART, 

Lansing Correctional Facility, in his 

individual capacity; GREG 

RUSSELL, Lansing Correctional 

Facility, in his individual capacity; 

DANNY LASCON, Lansing 

Correctional Facility, in his 

individual capacity; FNU TINSLEY, 

Lansing Correctional Facility, in his 

individual capacity; FNU HART, 

Lansing Correctional Facility, in his 

individual capacity; JEFF 

GOLDRING, Lansing Correctional 

Facility, in his individual capacity; 

MELISSA WALDROCK, Lansing 

Correctional Facility, in her 
3 

individual capacity; LINDSEY 

WILDEMUTH, Lansing Correctional 

Facility, in her individual capacity; 

JAMES SKIDMORE, Lansing 

Correctional Facility, in his 

individual capacity; JAMES GIFT, 

Lansing Correctional Facility, in his 

individual capacity; FNU ERWIN, 

Lansing Correctional Facility, in his 

individual capacity; FNU MALONE, 

Lansing Correctional Facility, in his 

individual capacity; FNU GAY, 

Lansing Correctional Facility, in his 

individual capacity; THEODORE 

THOMPSON, Lansing Correctional 

Facility, in his individual capacity; 

FNU KARLIN, Lansing Correctional 

Facility, in his individual capacity; 

FNU GOMEZ, Lansing Correctional 

Facility, in his individual capacity; 

DAVID BAKER, Lansing 

Correctional Facility, in his 

individual capacity; JAMES 

HEINTZELMAN, Lansing 

Correctional Facility, in his 

individual capacity; JONATHAN 

LUNSFORD, Lansing Correctional 

Facility, in his individual capacity; 

FNU CUNNINGHAM, Lansing 

Correctional Facility, in his 

individual capacity; FNU 

PEMBERTON, Lansing Correctional 

Facility, in his individual capacity; 

FNU KARPIERZ, Lansing 

Correctional Facility, in his 

individual capacity; CARL 

FORAKER, Lansing Correctional 

Facility, in his individual capacity; 

FNU WILLIAMS, Lansing 

Correctional Facility, in his 

individual capacity; JOHN DOES 1-

5, Lansing Correctional Facility, in 

their individual capacity; SAM 
4 

CLINE, Lansing Correctional 

Facility, in his individual capacity; 

FNU LANGFORD, Hutchinson 

Correctional Facility, in his 

individual capacity; CLAY 

VANHOOSE, Hutchinson 

Correctional Facility, in his 

individual capacity; FNU GORGER, 

Hutchinson Correctional Facility, in 

his individual capacity; FNU 

LAKZADEH, Hutchinson 

Correctional Facility, in his 

individual capacity; FNU GLOVER, 

Hutchinson Correctional Facility, in 

his individual capacity; FNU 

PELTER, Hutchinson Correctional 

Facility, in his individual capacity; 

FNU STIGGENS, Hutchinson 

Correctional Facility, in his 

individual capacity; FNU WEST, 

Hutchinson Correctional Facility, in 

his individual capacity; FNU 

BICKSLER, Hutchinson 

Correctional Facility, in his 

individual capacity; FNU 

SHOULDERS, Hutchinson 

Correctional Facility, in his 

individual capacity; TREY 

ROBINSON, Hutchinson 

Correctional Facility, in his 

individual capacity; JOHN DOES 6-

12, Hutchinson Correctional 

Facility, in their individual 

capacity; FNU HAUBENSTEIN, El 

Dorado Correctional Facility, in his 

individual capacity; FNU SISSELL, 

El Dorado Correctional Facility, in 

his individual capacity; JOHN 

DOES, El Dorado Correctional 

Facility, in their individual 

capacity; JAMES HEIMGARTNER, 

El Dorado Correctional Facility, in 

his individual capacity; FNU 
5 

HERMRECK, El Dorado 

Correctional Facility, in his 

individual capacity; TAMMY 

MARTEN, El Dorado Correctional 

Facility, in his individual capacity; 

RAY ROBERTS, Kansas Department 

of Corrections, in his individual 

capacity; JOHNNIE GODDARD, 

Kansas Department of Corrections, 

in his individual capacity; JOHN 

SMITH, Kansas Department of 

Corrections, in his individual 

capacity; MARCI CAPPELCHMIDLING, Kansas Department 

of Corrections, in her individual 

capacity; DOUG BURRIS, Kansas 

Department of Corrections, in his 

individual capacity; PAUL 

CORBIER, Corizon Doctor, in his 

individual capacity; JERRY 

JORGENSON, Corizon, in his 

individual capacity; ALICIA 

CARDONA, Corizon Doctor, in her 

individual capacity; FNU SAYEED, 

Corizon Doctor, in his individual 

capacity; FNU HARROD, Corizon 

Doctor, in his individual capacity; 

JANE DOES 1-2, Corizon Nurse, in 

their individual capacity; FNU 

EINERSON, Corizon Nurse, in her 

individual capacity; FNU 

STROBEL, Corizon Nurse, in her 

individual capacity; DEB LUNDRY, 

Corizon HSA, in her individual 

capacity; JEFFREY RICE, Corizon 

Nurse, in his individual capacity; 

DUANE ROGER DENTON, Corizon 

Nurse, in his individual capacity; 

TIM MEADE, Corizon Nurse, in his 

individual capacity; MISTY 

KEOLAVONE, Corizon Mental 

Health Supervisor, in her individual 

capacity; LAUREN LUCHT, 
6 

Corizon HSA, in her individual 

capacity; JESSICA MADDOX, 

Corizon RN, in her individual 

capacity; EMILY PETERSON, 

Corizon RN, in her individual 

capacity; JESSICA VANDYKE, 

Corizon RN, in her individual 

capacity; SEAN GOODMAN, 

Corizon RN, in his individual 

capacity; FNU SHELBY, Corizon 

RN, in her individual capacity; 

BRENDA JOHNSON, Corizon RN, 

in her individual capacity; FNU 

LATOYZ, Corizon LPN, in her 

individual capacity; KELSI 

DINNEY, Corizon LPN, in her 

individual capacity; BRITTON 

DELEON, Corizon RN, in her 

individual capacity; COLLETTE 

CURTIS, Corizon, in her individual 

capacity; FNU CKEKE, Corizon 

Doctor, in his individual capacity; 

SUSAN DELAP, Corizon Nurse, in 

her individual capacity; LINZIE 

MENDOZA, Corizon RN, in her 

individual capacity; VICKI 

BRUNGARDT, SOC's Disciplinary 

Appeals Designee, in her official 

and individual capacity; JOE 

NORWOOD, Current Secretary of 

Corrections (Post March 2016), in 

his official and individual capacity; 

FNU ROBERTS, SST, Lansing 

Correctional Facility, in his 

individual and official capacity; 

FNU ICKE, CSI, Lansing 

Correctional Facility, in his 

individual and official capacity; 

FNU BAILEY, Captain (white man), 

Lansing Correctional Facility, in his 

individual and official capacity; 

RON BAKER, Deputy Warden, 

Lansing Correctional Facility, in his 
7 

individual and official capacity; 

BRETT PETERSON, Policy 

Compliance Officer, Lansing 

Correctional Facility, in his 

individual and official capacity; 

FNU GOODMAN, Lieutenant/A&D 

Supervisor, Lansing Correctional 

Facility, in his individual and 

official capacity; NICK BALL, Unit 

Team, Lansing Correctional 

Facility, in his individual and 

official capacity; NATE BLANEY, 

Unit Team Supervisor, Lansing 

Correctional Facility, in his 

individual and official capacity; 

FNU SCHARTZ, CMII, Lansing 

Correctional Facility, in his 

individual and official capacity; 

NATALIE PARKER, Unit Team 

Manager, Lansing Correctional 

Facility, in her individual and 

official capacity; STUART 

BAILEY, Current Major, Lansing 

Correctional Facility, in his 

individual and official capacity; 

FNU BALL, Unit Team Supervisor 

(now EAI Department), Lansing 

Correctional Facility, in his 

individual and official capacity; 

RON IRWIN, Former EAI 

Supervisor, Lansing Correctional 

Facility, in his individual and 

official capacity; FNU SHIPMAN, 

Deputy Warden, Lansing 

Correctional Facility, in his 

individual and official capacity; 

FNU NUSSBAUM, CO1, Lansing 

Correctional Facility, in his 

individual and official capacity; 

CAROLE GOODMAN, Lieutenant, 

Lansing Correctional Facility, in her 

individual and official capacity; 

FNU BAXTER, Lieutenant, Lansing 
8 

Correctional Facility, in his 

individual and official capacity; 

FNU BECK, CSI, Lansing 

Correctional Facility, in his 

individual and official capacity; 

FNU HOOVER, SST, Lansing 

Correctional Facility, in his 

individual and official capacity; 

MIKE BILAR, SST, Lansing 

Correctional Facility, in his 

individual and official capacity; 

JOHN DOE 1-10, Lansing 

Correctional Facility, in their 

individual and official capacity; 

JOHN DOES 1-20, Wrote retaliatory 

& perjurous D/Rs and who 

masqueraded as D/R hearing "staff 

assistants" or accuser witnesses, 

Lansing, Correctional Facility, in 

their individual and official 

capacity; D. SISCO, PREA 

"Investigator Phony", Lansing 

Correctional Facility, in his 

individual and official capacity; 

FNU HERSHBURGER, Current EAI 

Supervisor, Lansing Correctional 

Facility, in his individual and 

official capacity; FNU BANFOOT, 

Lieutenant, Lansing Correctional 

Facility, in his individual and 

official capacity; FNU BROWN, 

Captain, Lansing Correctional 

Facility, in his individual and 

official capacity; FNU BAER, CSI, 

Lansing Correctional Facility, in his 

individual and official capacity; 

FNU HAMLIN, CSI, Lansing 

Correctional Facility, in his 

individual and official capacity; 

FNU FERGUSON, CS1, Lansing 

Correctional Facility, in his 

individual and official capacity; 

JACK DOE, Librarian, Lansing 
9 

Correctional Facility, in his 

individual and official capacity; 

JOHN DOE 1-15, SST, El Dorado 

Correctional Facility, in their 

individual and official capacity; 

FNU SCOTT, SST/CO2, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

FNU DOWLING, SST/CO1, El 

Dorado Correctional Facility, in his 

individual and official capacity; 

FNU WEIMERS, Former 

SST/MSGT, El Dorado Correctional 

Facility, in his individual and 

official capacity; FNU EVANS, 

SST, El Dorado Correctional 

Facility, in his individual and 

official capacity; FNU GOAD, SST, 

El Dorado Correctional Facility, in 

his individual and official capacity; 

FNU O'BRIEN, SST/MSGT, El 

Dorado Correctional Facility, in his 

individual and official capacity; 

FNU O'BRIEN, EAI/SA, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

FNU MISHLER, Mailroom, El 

Dorado Correctional Facility, in her 

individual and official capacity; 

FNU SAPIEN, Captain, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

FNU WALMSLEY, CMII, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

DEANE DONLEY, CMII, El Dorado 

Correctional Facility, in her 

individual and official capacity; 

FNU GRIMMETT, CSI, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

FNU MANSFIELD, Captain, El 

Dorado Correctional Facility, in his 
10 

individual and official capacity; 

FNU SMITH, Major, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

TAMMY MARTIN, Unit Team 

Manager, El Dorado Correctional 

Facility, in her individual and 

official capacity; RANDY 

JOHNSON, CSI, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

ANDREW JOHNSON, CS1, El 

Dorado Correctional Facility, in his 

individual and official capacity; 

MARIA BOS, CMII, El Dorado 

Correctional Facility, in her 

individual and official capacity; 

KENNY MCGUIRE, Lieutenant, El 

Dorado Correctional Facility, in his 

individual and official capacity; 

FNU FUOSS, Unit Team Supervisor, 

El Dorado Correctional Facility, in 

his individual and official capacity; 

FNU PETERSON, Unit Team 

Supervisor, El Dorado Correctional 

Facility, in his individual and 

official capacity; FNU 

QUIDACHAY, Captain, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

FNU WHITESIDE, Former CS1, El 

Dorado Correctional Facility, in his 

individual and official capacity; 

FNU KNIGHT, CO1, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

FNU LEON, CS1, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

JOHN DOES 1-7, Involved in 

perjurous & retaliatory D/Rs, 

denials of medical attention heart 

attack symptoms emergenices, El 
11 

Dorado Correctional Facility, in 

their individual and official 

capacity; MARY NELSON, Deputy 

Warden, El Dorado Correctional 

Facility, in his individual and 

official capacity; FNU RAFFERTY, 

Unit Team Manager, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

FNU PETTY, CS1, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

FNU LYTTON, CS1, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

FNU SHEARBURN, Unit Team 

Supervisor, El Dorado Correctional 

Facility, in his individual and 

official capacity; ANDREW PALM, 

CS1, El Dorado Correctional 

Facility, in his individual and 

official capacity; FNU LINK, CO2, 

El Dorado Correctional Facility, in 

her individual and official capacity; 

FNU BUCHANAN, Lieutenant, El 

Dorado Correctional Facility, in his 

individual and official capacity; 

FNU HAMILTON, CO2, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

FNU LANDERS, CO1, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

FNU RIVARD, CO1, El Dorado 

Correctional Facility, in his 

individual and official capacity; 

JONI COLE, Attorney, El Dorado 

Correctional Facility, in her 

individual and official capacity; 

DAN SCHNURR, Warden, 

Hutchinson Correctional Facility, in 

his individual and official capacity; 

FNU VIEYRA, CMIII, Hutchinson 
12 

Correctional Facility, in his 

individual and official capacity; 

TOMMY WILLIAMS, CMIII, 

Hutchinson Correctional Facility, in 

his individual and official capacity; 

T. HACKNEY, Unit Team Manager, 

Hutchinson Correctional Facility, in 

his individual and official capacity; 

FNU BENTLEY, Unit Team, 

Hutchinson Correctional Facility, in 

his individual and official capacity; 

FNU GILES, CS1, Hutchinson 

Correctional Facility, in his 

individual and official capacity; 

FNU KOOB, CO1, Hutchinson 

Correctional Facility, in his 

individual and official capacity; 

FNU PRICE, Captain, Hutchinson 

Correctional Facility, in his 

individual and official capacity; 

FNU POTTER, Former Captain, 

Hutchinson Correctional Facility, in 

his individual and official capacity; 

FNU BROWN, Lieutenant, 

Hutchinson Correctional Facility, in 

his individual and official capacity; 

FNU SEVEN, CS1, Hutchinson 

Correctional Facility, in his 

individual and official capacity; 

JORDAN BELL, Unit Team 

Manager, Hutchinson Correctional 

Facility, in his individual and 

official capacity; JOHN DOE 1-11, 

SST, Hutchinson Correctional 

Facility, in their individual and 

official capacity; FNU SCOTT, RN, 

Corizon Health, Lansing 

Correctional Facility, in her 

individual and official capacity; 

JESSICA HOOD, LPN, Corizon 

Health, Lansing Correctional 

Facility, in her individual and 

official capacity; FNU GEE, RN, 
13 

Corizon Health, Lansing 

Correctional Facility, in her 

individual and official capacity; 

ALICIA MCCOLLOUGH, HSA, 

Corizon Health, Lansing 

Correctional Facility, in her 

individual and official capacity; 

FNU JOHNSON, RN, Corizon 

Health, Lansing Correctional 

Facility, in her individual and 

official capacity; ALICIA 

DOUGLAS-CHAHINE, Mental 

Health Counselor, Corizon Health, 

Lansing Correctional Facility, in her 

individual and official capacity; 

FNU OKEKE, Oncall Psychiatrist, 

Corizon Health, Lansing 

Correctional Facility, in his 

individual and official capacity; 

FNU NAWALNICK, Mental Health 

Doctor, Corizon Health, Lansing 

Correctional Facility, in his 

individual and official capacity; 

FNU MONFRED, Female Contract 

Doctor, Corizon Health, Lansing 

Correctional Facility, in her 

individual and official capacity; 

JANINE WHITE, APRN, Corizon 

Health, Lansing Correctional 

Facility, in her individual and 

official capacity; JANE DOE, 1, 

Mental Health Counselor, Corizon 

Health, Lansing Correctional 

Facility, in her individual and 

official capacity; ASHLEY 

BARNES, Mental Health Counselor, 

Corizon Health, Lansing 

Correctional Facility, in her 

individual and official capacity; 

JOHN DOE, 1, Former Male Mental 

Health Counselor, Corizon Health, 

Lansing Correctional Facility, in his 

individual and official capacity; 
14 

LAURA GARDNER, RN, Corizon 

Health, Lansing Correctional 

Facility, in her individual and 

official capacity; JANE DOE, 2, 

Med Tech, Corizon Health, Lansing 

Correctional Facility, in her 

individual and official capacity; 

FNU MORRIS, RN, Corizon Health, 

El Dorado Correctional Facility, in 

her individual and official capacity; 

JANE DOES 1-7, Female LPNs and 

RNs, Corizon Health, El Dorado 

Correctional Facility, in their 

individual and official capacity; 

FNU WOLFE, RN, Corizon Health, 

El Dorado Correctional Facility, in 

her individual and official capacity; 

FNU SOLARIO, Mental Health 

Counselor, Corizon Health, El 

Dorado Correctional Facility, in her 

individual and official capacity; 

KEVIN EDWARDS, Mental Health 

Department Supervisor, Corizon 

Health, El Dorado Correctional 

Facility, in his individual and 

official capacity; FNU GADBERRY, 

Mental Health Counselor, Corizon 

Health, El Dorado Correctional 

Facility, in his individual and 

official capacity; FNU KING, 

Mental Health Counselor, Corizon 

Health, El Dorado Correctional 

Facility, in her individual and 

official capacity; FNU 

WILLIAMSON, Dentist, Corizon 

Health, Hutchinson Correctional 

Facility, in his individual and 

official capacity; JANE DOE 3, 

Dental Hygienist, Corizon Health, 

Hutchinson Correctional Facility, in 

her individual and official capacity; 

JANE DOE 1-5, RN, Corizon 

Health, Hutchinson Correctional 
15 

Facility, in their individual and 

official capacity; CORIZON 

HEALTH; JEFF COYLER, Kansas 

Governor, in his official capacity; 

DEREK SCHMIDT, Kansas 

Attorney General, in his official 

capacity; RUSS JENNINGS, Kansas 

Representative, Corrections 

Oversight Committee, in his official 

capacity; BLAINE FINCH, Kansas 

Representative, Judiciary Committee 

Chairman, in his official capacity; 

JOHN DOE 2, Leavenworth County 

Sheriff, in his official capacity; 

TODD THOMPSON, Leavenworth 

County District Attorney, in his 

official capacity; LIZ (LNU), 

APRN, Corizon Health, Hutchinson 

Correctional Facility, in her 

individual and official capacity; 

JOHN DOE 3, Butler County 

Sheriff, in his official capacity; 

MIKE DIVINNEY, Butler County 

District Attorney, in his official 

capacity; FNU HENDERSON, Reno 

County Sheriff, in his official 

capacity; FNU SCHROEDER, Reno 

County District Attorney, in his 

official capacity; J. DOE, KCOA 

Chief Judge, in his official capacity; 

LAWTON NUSS, Kansas Supreme 

Court Chief Justice, in his official 

capacity; STANTON HAZLETT; 

KANSAS JUDICIAL 

QUALIFICATIONS COMMISSION, 

Members, in their official capacity; 

KEVIN MORIARTY, Johnson 

County District Court Chief Judge, 

in his official capacity; FNU RYAN, 

Johnson County District Court 

Judge, in his official capacity; FNU 

(LNU), 1, Kansas Judicial 

Administrator, in their official 
16 

capacity; STATE OF KANSAS; 

KANSAS DEPARTMENT OF 

CORRECTIONS; STACY 

SCHLIMMER, BIDS Attorney, 

Overland Park, Kansas; KRISTEN 

PATTY, BIDS Attorney, Wichita, 

Kansas; PATRICIA SCALIA, BIDS 

Director, State of Kansas; JOYCE 

MORRISON, Kansas Appeal Court's 

"Retention/Yes Vote" Campaign 

Spokesperson for November 2016 

General Election; STEPHEN 

MCCALLISTER, Kansas US 

Attorney, in his official capacity; 

TOM BEALL, Former Kansas US 

Attorney, in his official capacity; 

ERIC JACKSON, Kansas FBI/SAIC, 

in his official capacity; JEFF 

SESSIONS, United States Attorney 

General; DEPARTMENT OF 

JUSTICE CIVIL RIGHTS 

DIVISION, 

 Defendants - Appellees. 

_________________________________ 

ORDER AND JUDGMENT*

_________________________________ 

Before BACHARACH, BALDOCK, and EID, Circuit Judges. 

_________________________________ 

* 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 thus 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 under 

Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 
17 

After Mr. Patrick Lynn filed a first amended complaint, the 

district court found the pleading defective and ordered him to amend. 

He didn’t, and the court dismissed the action for lack of prosecution. 

Mr. Lynn appealed, and we dismissed the appeal for lack of 

prosecution. 

Mr. Lynn then moved under Federal Rule of Civil Procedure 

60(b) to reopen the action, and the district court denied the motion. 

Mr. Lynn appeals the denial of his Rule 60(b) motion, and we affirm. 

1. Mr. Lynn violates an order to file a second amended 

complaint. 

Mr. Lynn is a state prisoner. Three years ago, he sued more 

than 100 parties for damages. Mr. Lynn requested leave to file a first 

amended complaint. The court granted leave but instructed Mr. Lynn 

to comply with various procedural rules, including those governing 

joinder of parties and claims: 

[U]nder Rule 18(a), a plaintiff may bring multiple claims 

against a single defendant. Under Rule 20(a)(2), he may 

join in one action any other defendants who were involved 

in the same transaction or occurrence and as to whom there 

is a common issue of law or fact. He may not bring multiple 

claims against multiple defendants unless the prescribed 

nexus in Rule 20(a)(2) is demonstrated with respect to all 

defendants named in the action. 

R., Vol. 1 at 225. After three extensions of time, Mr. Lynn filed the 

first amended complaint, which included 48 counts against hundreds 

of parties. 
18 

 The district court instructed Mr. Lynn that the first amended 

complaint had violated (1) Rule 8’s requirement for a short and plain 

statement of the claim and (2) the joinder requirements of Rules 18 

and 20. Given these violations, the court ordered Mr. Lynn to file a 

second amended complaint by July 20, 2018. The court cautioned that 

“[f]ailure to comply with this order [would] likely result in dismissal 

of this case without further notice.” R., Vol. 3 at 44. 

 Mr. Lynn obtained extensions of almost four months. On the 

eve of the last deadline, Mr. Lynn filed a motion to stay his federal 

action pending the resolution of a state-court action that he had 

characterized as “an exact duplicate of the money damages claims at 

bar in this case.” Id. at 68. He asserted that filing a second amended 

complaint would be easier when he prevailed in his state-court 

action. 

The district court denied Mr. Lynn’s motion, stating: 

The court is not convinced that a stay is warranted. 

Plaintiff initiated this action and has a duty to diligently 

prosecute his case. This case has been pending for over 

twenty months, and Plaintiff has received multiple 

extensions of time in this case. The Court’s most recent 

order granting Plaintiff an extension of time noted that 

Plaintiff requested a “final 30-day extension of time,” and 

granted Plaintiff an extension of time to November 19, 

2018, to file his second amended complaint. Due to the 

delay in this case, the court denies Plaintiff’s request for a 

stay, but will grant Plaintiff a brief extension of time to 

file his second amended complaint. Failure to file a 

proposed second amended complaint by this deadline will 
19 

subject this matter to dismissal for failure to prosecute 

under Fed. R. Civ. P. 41(b). 

Id. at 103-04 (citation omitted). 

Mr. Lynn did not file a second amended complaint. So the 

district court dismissed the action without prejudice for failure to 

prosecute. See Fed. R. Civ. P. 41(b). Mr. Lynn appealed, and we 

dismissed that appeal for lack of prosecution.

2. The district court denies Mr. Lynn’s Rule 60(b) motion. 

Mr. Lynn then filed a Rule 60(b) motion to reopen his action in 

district court. He cited Rules 60(b)(5) and 60(b)(6), which permit 

relief from judgment when “(5) the judgment has been satisfied, 

released, or discharged; it is based on an earlier judgment that has 

been reversed or vacated, or applying it prospectively is no longer 

equitable; or (6) any other reason that justifies relief.” Fed. R. Civ. 

P. 60(b)(5), (6). Mr. Lynn attributed his delay to multiple heart 

attacks, cancellation of surgeries, and inability to obtain legal files 

from his attorney. 

The district court denied the Rule 60(b) motion. The court 

noted the multiple extensions and explained that 

 Mr. Lynn had failed to take advantage of the extra time 

despite the warnings that noncompliance would result in 

dismissal, 

 Mr. Lynn’s Rule 60(b) motion had simply rehashed his 

earlier arguments, and 
20 

 the court had previously advised Mr. Lynn that he did not 

need access to all of his legal files to excise unrelated 

claims and defendants from his first amended complaint. 

See Allender v. Raytheon Aircraft Co., 439 F.3d 1236, 1242 

(10th Cir. 2006) (“Rule 60(b) relief is not available to allow a party 

merely to reargue issues previously addressed to the court.”). 

3. The district court also declines to appoint counsel. 

Before filing his Rule 60(b) motion, Mr. Lynn also moved 

twice for appointment of counsel. Both times, the district court 

denied the motion without prejudice to refiling. 

After the court denied the Rule 60(b) motion, Mr. Lynn also 

moved for appointment of counsel in order to appeal. The court 

denied this motion, too. 

4. The district court acted within its discretion in denying the 

Rule 60(b) motion. 

On appeal, Mr. Lynn challenges the denial of his Rule 60(b) 

motion. For this challenge, we apply the abuse-of-discretion 

standard. Servants of the Paraclete v. Does, 204 F.3d 1005, 1009 

(10th Cir. 2000). With its discretion, the district court should grant 

relief under Rule 60(b) only in “extraordinary and . . . exceptional 

circumstances.” Id. (internal quotational marks omitted). We will 

reverse the denial of a Rule 60(b) motion “only if we find a complete 

absence of a reasonable basis and are certain that the decision is 
21 

wrong.” Yapp v. Excel Corp., 186 F.3d 1222, 1232 (10th Cir. 1999) 

(ellipsis and internal quotation marks omitted). 

On appeal, we address the denial of Mr. Lynn’s Rule 60(b) 

motion rather than the underlying judgment. See Servants of the 

Paraclete, 204 F.3d at 1009. But in his appeal brief, Mr. Lynn argues 

only that the district court erred by dismissing the first amended 

complaint. This argument fails to address the relief that Mr. Lynn 

requested in his Rule 60(b) motion or the district court’s reasons for 

denying that motion. 

Though we liberally construe Mr. Lynn’s pro se appeal brief, 

we will not construct arguments for him. See Drake v. City of Fort 

Collins, 927 F.2d 1156, 1159 (10th Cir. 1991) (“Despite the liberal 

construction afforded pro se pleadings, the court will not construct 

arguments or theories for the plaintiff in the absence of any 

discussion of those issues.”). He has not challenged the 

reasonableness of the district court’s reasons for denying the 

Rule 60(b) motion. He thus fails to show that the district court 

abused its discretion in denying relief under Rule 60(b). 

5. We lack jurisdiction over the denials of Mr. Lynn’s requests 

for counsel. 

Mr. Lynn also argues that the district court should have 

appointed counsel for him. But Mr. Lynn has appealed only the 
22 

denial of his Rule 60(b) motion. See Dkt. 106 (notice of appeal). In 

that motion, Mr. Lynn didn’t seek appointment of counsel. 

Two of the requests had preceded the initial order dismissing 

the case, and we dismissed that appeal for lack of prosecution. See 

Part 1, above. We thus lack appellate jurisdiction over the denial of 

these requests for counsel. 

Mr. Lynn also argues that the district court erred in denying his 

motion for appointment of appellate counsel. But Mr. Lynn made this 

request after he filed the notice of appeal, and our jurisdiction is 

limited to the rulings addressed in the notice. See Sports Unlimited, 

Inc. v. Lankford Enters., Inc., 275 F.3d 996, 1003 (10th Cir. 2002).

So we lack appellate jurisdiction over this request for appointment of 

counsel. 

6. We also deny appointment of counsel in the appeal. 

In seeking leave to proceed in forma pauperis, Mr. Lynn 

includes a sentence requesting us to appoint counsel in the appeal 

based on his inability to obtain his case file or needed legal 

materials. The issues in the appeal are narrow, however, and 

Mr. Lynn has not explained what parts of the case file are needed to 

properly address the appeal. His appeal involves only the failure to 

comply with the district court’s order. We thus decline to appoint 

counsel for Mr. Lynn. 
23 

Affirmed. 

Entered for the Court 

Robert E. Bacharach 

Circuit Judge