FILED

United States Court of Appeals

Tenth Circuit

August 3, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

JOHN MOORE,

 Plaintiff - Appellant,

v. 

DR. SAM JAHANI,

 Defendant - Appellee.

No. 10-1301

(D.C. No. 1:10-CV-00428-ZLW)

ORDER

Before TACHA, MURPHY, and O’BRIEN, Circuit Judges.

On July 19, 2010, John Moore tendered a document to the U.S. District Court for

the District of Colorado that stated, in full, as follows: “Dear Sir: This is a notice of

appeal on case # 10CV00428.” 

Because of the filing of this document, a preliminary record was transmitted to this

court from the district court and this appeal docket was opened. There are several

problems with this attempted appeal, however. For example, the notice of appeal does

not comply with the substantive content requirements of Fed. R. App. P. 3(c) nor the

service requirements of Fed. R. App. P. 3(d). 

But in any event, Mr. Moore has already unsuccessfully attempted to appeal the

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final judgment in Case No. 10-CV-428, Moore v. Jahani (D. Colo.). This court dismissed

that attempted appeal for lack of appellate jurisdiction. Moore v. Jahani, Case No.

10-1207 (10th Cir. May 26, 2010). To the extent Mr. Moore is attempting to appeal any

other post-judgment order in the underlying proceeding, the notice of appeal is untimely. 

The notice of appeal was filed July 19, 2010, and there has been no activity in the district

court proceeding since May 19, 2010. See Fed. R. App. P. 4(a)(1) (notice of appeal filing

deadlines).

Mr. Moore was given the opportunity to show cause why the attempted appeal

should not be dismissed. His response does not in any way address the jurisdictional

issues that were fully brought to his attention in the court’s show cause order. 

This court construes a pro se litigant’s pleadings liberally, but “an appellant’s pro

se status does not excuse the obligation of any litigant to comply with the fundamental

requirements of the Federal Rules of Civil and Appellate Procedure.” Ogden v. San Juan

County, 32 F.3d 452, 455 (10th Cir. 1994). 

To the extent Mr. Moore is attempting to re-litigate Moore v. Jahani, Case No.

10-1207 (10th Cir. May 26, 2010), the court’s prior decision is the law of the case. See

Proctor & Gamble Co. v. Haugen, 317 F.3d 1121, 1132-33 (10th Cir. 2003) (law of the

case doctrine prevents re-litigation of issues decided in prior proceedings of the same

case). To the extent he is trying to appeal any post-judgment order issued in the district

court, the notice of appeal is untimely. The United States Supreme Court has held that in

civil cases, the failure to file a timely notice of appeal deprives the circuit court of

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appellate jurisdiction and the appeal must be dismissed. Bowles v. Russell, 551 U.S. 205

(2007).

For the foregoing reasons, this attempted appeal is dismissed.

Entered for the Court,

ELISABETH A. SHUMAKER

Clerk of Court

by:

Douglas E. Cressler

Chief Deputy Clerk

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