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SMITH v. MOFFETT

No. 90-2171.

947 F.2d 442 (1991)

Terry Gilbert SMITH, Plaintiff-Appellant, v. Charles MOFFETT, William Lutz, Robert J. Gorence, Dick Felter, Milton Byron Walke, Michael Upshaw, Daryl Junes, William Kellogg, Bobby Etsitty, Kenneth P. Shirley, Joe Cambridge, Brenda Harrison, Sampson Cowboy, Gerald Kelly, Reginald Deale, and Leonard Hilt, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 16, 1991.

Attorney(s) appearing for the Case

Terry Gilbert Smith, on the brief, pro se.

Marilyn S. Page, Asst. U.S. Atty., on the brief, for defendants-appellees Charles Moffett, William L. Lutz, Robert J. Gorence, Dick Felter, and Milton Byron Walke.

James Jay Mason, Mason, Rosebrough & Isaacson, P.A., Gallup, N.M., on the brief, for defendants-appellees Michael Upshaw, Daryl Junes, William Kellogg, Bobby Etsitty, Kenneth P. Shirley, Joe Cambridge, Brenda Harrison, Sampson Cowboy, and Leonard Hilt.

Before ANDERSON, TACHA, and BRORBY, Circuit Judges.

TACHA, Circuit Judge.

In his pro se complaint, plaintiff-appellant Terry Smith alleged various violations of his civil rights by the defendants in his arrest, indictment, prosecution, and conviction.1 Defendants are federal officials, tribal officials, or private individuals. Smith invoked the district court's jurisdiction under 28 U.S.C. §§ 1331 and 1343(a)(3). The district court refused Smith's motion for continuance, refused...

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