and then: Court of Appeals Docket #: 05-35289 Docketed: 03/30/2005 Termed: 02/24/2006 Nature of Suit: 3550 Prisoner-Civil Rights Bell, et al v. DC of Tacoma, et al Appeal From: U.S. District Court for Oregon, Portland Fee Status: Paid Case Type Information: 1) prisoner 2) state 3) civil rights Originating Court Information: District: 0979-3 : CV-02-01052-AJB Trial Judge: Anna J. Brown, District Judge Date Filed: 08/05/2002 Date Order/Judgment: Date NOA Filed: 01/07/2005 03/10/2005 Prior Cases: 01-30143 Date Filed: 04/05/2001 Date Disposed: 05/22/2001 Disposition: Jurisdictional Defects - Judge Order 01-30162 Date Filed: 04/25/2001 Date Disposed: 05/22/2001 Disposition: Jurisdictional Defects - Judge Order 01-30296 Date Filed: 08/23/2001 Date Disposed: 12/26/2001 Disposition: Jurisdictional Defects - Judge Order 01-30303 Date Filed: 09/06/2001 Date Disposed: 09/19/2002 Disposition: Affirmed - Opinion 01-35910 Date Filed: 10/02/2001 Date Disposed: 04/15/2002 Disposition: COA Denied - Judge Order 04-30115 Date Filed: 03/16/2004 Date Disposed: 10/19/2004 Disposition: Affirmed - Memorandum 97-30384 Date Filed: 12/30/1997 Date Disposed: 08/21/1998 Disposition: Affirmed - Memorandum 99-30210 Date Filed: 07/06/1999 Date Disposed: 05/25/2001 Disposition: Affirmed - Memorandum Current Cases: Lead Member Start End Companion 05-35289 05-35897 09/12/2005 Consolidated 05-35289 05-35291 05/18/2005 JAMES DALTON BELL (Federal Prisoner: 26906-086) Plaintiff - Appellant, James Dalton Bell [NTC Pro Se] FCI - FEDERAL CORRECTIONAL INSTITUTION - SHERIDAN P.O. Box 5000 Sheridan, OR 97378-5000 CHARLES STEWART Plaintiff, Charles Stewart, Esquire Direct: 503/558-3932 [NTC Pro Se] 19164 Barrington Ave Sandy, OR 97055 MICHAEL HUNTER Plaintiff, v. USDC, TACOMA Defendant - Appellee, No Appearance [Please Select] No Address - UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON, SEATTLE Defendant - Appellee, No Appearance [Please Select] (see above) JACK E. TANNER Defendant - Appellee, Baron C. Sheldahl, Esquire, Attorney Direct: 503-727-1000 [COR LD NTC Assist US Attorney] DOJ-USAO Suite 600 Firm: 503/727-1000 1000 S.W. Third Avenue Portland, OR 97204 FRANKLIN D. BURGESS Defendant - Appellee, Baron C. Sheldahl, Esquire, Attorney Direct: 503-727-1000 [COR LD NTC Assist US Attorney] (see above) ROB LONDON Defendant - Appellee, Baron C. Sheldahl, Esquire, Attorney Direct: 503-727-1000 [COR LD NTC Assist US Attorney] (see above) ROBERT MICHAEL LEEN Defendant - Appellee, John S. Ransom, Attorney Direct: 503-228-0487 [COR LD NTC Retained] Ransom Blackman LLP Security Plaza Building Suite 1400 1001 S.W. Fifth Avenue Portland, OR 97204 JEFF GORDON Defendant - Appellee, Baron C. Sheldahl, Esquire, Attorney Direct: 503-727-1000 [COR LD NTC Assist US Attorney] (see above) ANNE M. LEVINS Defendant - Appellee, Baron C. Sheldahl, Esquire, Attorney Direct: 503-727-1000 [COR LD NTC Assist US Attorney] (see above) LESLIE SPIER, MICHAEL MARKHAM; JILL SJODIN; S. YOUNG; LISA STEVENSON; ERNIE GRIZZELL; MATT RICHARDS; COUNSELOR J. GUSTIN, FDC Seatac Counselor; SEATAC FDC; TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION; DEPARTMENT OF TREASURY; ALCOHOL TOBACCO AND FIREARMS AGENTS; Defendant - Appellee, Baron C. Sheldahl, Esquire, Attorney Direct: 503-727-1000 [COR LD NTC Assist US Attorney] (see above) PETER AVENIA Defendant - Appellee, John S. Ransom, Attorney Direct: 503-228-0487 [COR LD NTC Retained] (see above) JUDITH MANDEL Defendant - Appellee, John S. Ransom, Attorney Direct: 503-228-0487 [COR LD NTC Retained] (see above) FEDERAL PUBLIC DEFENDERS OF TACOMA Defendant - Appellee, John S. Ransom, Attorney Direct: 503-228-0487 [COR LD NTC Retained] (see above) FEDERAL PUBLIC DEFENDERS OF SEATTLE Defendant - Appellee, John S. Ransom, Attorney Direct: 503-228-0487 [COR LD NTC Retained] (see above) RYAN LUND, PETER L. SHAW; WILLIAM MARTIN; STEVE WALSH, aka Steve Wilson Warden W.J. JUSINO; NICOLE CUNNINGHAM; TACOMA FEDERAL PROSECUTORS OFFICE; TACOMA FEDERAL PROBATION OFFICE; INTERNAL REVENUE SERVICE AGENTS; SEATTLE FEDERAL PROSECUTORS OFFICE; SEATTLE FEDERAL P Defendant - Appellee, No Appearance [Please Select] (see above) VANCOUVER POLICE DEPARTMENT Defendant - Appellee, Jeffrey N. Riback, Esquire, Attorney Direct: 360/696-8251 [COR LD NTC Retained] OFFICE OF THE CITY ATTORNEY 415 W. 6th Street Vancouver, WA 98660 DAVID KING, Sargeant (State Prisoner: T-11563) Defendant - Appellee, Jeffrey N. Riback, Esquire, Attorney Direct: 360/696-8251 [COR LD NTC Retained] (see above) CLACKAMAS COUNTY SHERIFF'S DEPARTMENT Defendant - Appellee, Edward S. McGlone, III, Attorney Direct: 503-486-7048 [COR LD NTC County Counsel] Edward McGlone Law Offices 4000 Kruse Way Place, 3-120 Lake Oswego, OR 97035 MULTNOMAH COUNTY SHERIFF Defendant - Appellee, Susan M. Dunaway Direct: 503-988-3138 [COR LD NTC Retained] Multnomah County Attorney's Office Suite 500 501 SE Hawthorne Blvd. Portland, OR 97214 CITY OF PORTLAND Defendant - Appellee, David A. Landrum, Esquire, Attorney Direct: 503/823-4047 [COR LD NTC Deputy City Attorney] OFFICE OF THE CITY ATTORNEY Rm. 430 1221 SW Fourth Avenue Portland, OR 97204 Mark R. Moline, Esquire Direct: 503-823-3089 [COR LD Deputy City Attorney] OFFICE OF THE CITY ATTORNEY Suite 430 1221 SW Fourth Avenue Portland, OR 97204 PORTLAND POLICE BUREAU Defendant - Appellee, David A. Landrum, Esquire, Attorney Direct: 503/823-4047 [COR LD NTC Deputy City Attorney] (see above) Mark R. Moline, Esquire Direct: 503-823-3089 [COR LD Deputy City Attorney] (see above) GUNDERSON, Officer Defendant - Appellee, David A. Landrum, Esquire, Attorney Direct: 503/823-4047 [COR LD NTC Deputy City Attorney] (see above) Mark R. Moline, Esquire Direct: 503-823-3089 [COR LD Deputy City Attorney] (see above) PIERCE COUNTY SHERIFF Defendant - Appellee, Daniel Hamilton, Attorney Direct: 253-798-7746 [COR LD NTC County Counsel] Pierce County Prosecutor's Office Civil Division Suite 301 955 Tacoma Avenue South Tacoma, WA 98402-2160 CBS BROADCASTING INC. Defendant - Appellee, Duane A. Bosworth Direct: 503-778-5224 [COR LD NTC Retained] Davis Wright Tremaine, LLP Firm: 503-241-2300 1300 SW Fifth Avenue Suite 2400 Portland, OR 97201-5610 STATE OF WASHINGTON, a Lessor of Land Occupied by SeaTac FDC Defendant - Appellee, John A. Level, Esquire, Attorney Direct: 360/586-6300 [COR LD NTC Dep State Aty Gen] AGWA - OFFICE OF THE WASHINGTON ATTORNEY GENERAL (OLYMPIA) Torts Division P.O. Box 40126 Olympia, WA 98504-0126 JOHN RANSOM Defendant - Appellee, Jonathan Mark Radmacher, Attorney Direct: 503-226-7321 [COR LD NTC Retained] McEWEN GISVOLD, LLP Suite 1600 1100 S.W. Sixth Ave. Portland, OR 97204 Trung D. Tu, Attorney Direct: 503-226-7321 [COR LD NTC Retained] McEWEN GISVOLD, LLP Suite 1600 1100 S.W. Sixth Ave. Portland, OR 97204 JAMES DALTON BELL, Plaintiff - Appellant, and CHARLES STEWART; MICHAEL HUNTER, Plaintiffs, v. USDC, TACOMA; UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON, SEATTLE; JACK E. TANNER; FRANKLIN D. BURGESS; ROB LONDON; ROBERT MICHAEL LEEN; JEFF GORDON; ANNE M. LEVINS; LESLIE SPIER, MICHAEL MARKHAM; JILL SJODIN; S. YOUNG; LISA STEVENSON; ERNIE GRIZZELL; MATT RICHARDS; COUNSELOR J. GUSTIN, FDC Seatac Counselor; SEATAC FDC; TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION; DEPARTMENT OF TREASURY; ALCOHOL TOBACCO AND FIREARMS AGENTS;; PETER AVENIA; JUDITH MANDEL; FEDERAL PUBLIC DEFENDERS OF TACOMA; FEDERAL PUBLIC DEFENDERS OF SEATTLE; RYAN LUND, PETER L. SHAW; WILLIAM MARTIN; STEVE WALSH, aka Steve Wilson Warden W.J. JUSINO; NICOLE CUNNINGHAM; TACOMA FEDERAL PROSECUTORS OFFICE; TACOMA FEDERAL PROBATION OFFICE; INTERNAL REVENUE SERVICE AGENTS; SEATTLE FEDERAL PROSECUTORS OFFICE; SEATTLE FEDERAL P; VANCOUVER POLICE DEPARTMENT; DAVID KING, Sargeant; CLACKAMAS COUNTY SHERIFF'S DEPARTMENT; MULTNOMAH COUNTY SHERIFF; CITY OF PORTLAND; PORTLAND POLICE BUREAU; GUNDERSON, Officer; PIERCE COUNTY SHERIFF; CBS BROADCASTING INC.; STATE OF WASHINGTON, a Lessor of Land Occupied by SeaTac FDC; JOHN RANSOM, Defendants - Appellees. 03/30/2005 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF Aplt in pro per & csl of aples. CADS SENT (Y/N): NO. setting schedule as follows: Fee payment is due 4/13/05 ; appellant's designation of RT is due 3/21/05; appellee's designation of RT is due 3/30/05,, ; appellant shall order transcript by 4/11/05; court reporter shall file transcript in DC by 5/10/05; certificate of record shall be filed by 5/17/05 ; appellant's opening brief is due 6/27/05; appellees' brief is due 7/26/05,, ; appellants' reply brief is due 8/9/05; [05-35289] (MF) [Entered: 03/30/2005 11:50 AM] 05/18/2005 3 Filed order ( Harry PREGERSON, William C. CANBY, ): The ct, sua sponte, consolidates appl number 05-35289 and 05-35291. A review of the record demonstrates that, although the 3/10/05 and 3/15/05 notices of appl were not filed within 60 days from entry of the 1/7/05 judgment, aplts filed timely mtns for ext of time to appl pursuant to FRAP 4(a)(5), which were contained in the notices of app. The dc has not ruled on those motions. Accordingly, these appls are remanded to the dc for the limited purpose of allowing that ct to rule on aplts' mtns. The dc is requested to serve a copy of its decision on this ct at its earliest convenience. Br in these appls is stayed pending further order of this ct. [05-35289, 05-35291] (GR) [Entered: 05/18/2005 08:47 AM] 06/01/2005 4 FILED deft-aple John Ransom's notice of appearance as a party to the appeal; served on 5/26/05 (CASEFILES) (HH) [Entered: 06/07/2005 03:05 PM] 06/06/2005 6 Received copy of District Court minute order filed on 5/31/05: Denying plntfs Stewart and Bell's motions to extend the time for filing a notice of appeal. (to PROSE) [05-35289, 05-35291] (HH) [Entered: 06/15/2005 12:40 PM] 06/13/2005 7 Rec'd notice of change of address from Appellant James Dalton Bell in 05-35289 (PO Box 33, Terre Haute, IN 47808). (CASEFILES) [05-35289, 05-35291] (HH) [Entered: 06/16/2005 12:39 PM] 06/13/2005 8 Received letter from pro se James Bell, dated 6/7/05 re: Notice of fact of appeal notice filed. (to PROSE) (HH) [Entered: 06/16/2005 12:42 PM] 06/22/2005 9 Received Appellant James Dalton Bell's "motion and notice regarding this court's jurisdiction," dated 6/7/05 (fees due) [5476067] (to PROSE) [05-35289] (HH) [Entered: 06/24/2005 12:37 PM] 07/21/2005 11 Order filed: A review of the record demonstrates that this court lacks jurisdiction over appeal no. 05-35291 because the 3/15/05 notice of appeal was not filed within 60 days from entry of the 1/7/05 judgment...CITE. Consequently, appeal no. 05-35291 is DISMISSED for lack of jurisdiction. Although the district court also denied aplt James Bell's motion for ext of time to appeal no. 05-35289, further review of the record reflects that aplt Bell's appeal was timely filed pursuant to FRAP 4(c) because aplt Bell is incarcerated and his 3/10/05 noa was recvd by the dc one day after the deadline prescribed by FRAP 4(a)(1). Consequently, appeal no. 05-35289 shall proceed. A review of this court's docket in appeal no. 05-35289 reflects that the filing and docketing fees for this appeal remain due. Within 21 days after the filing date of this order, aplt Bell shall pay to the dc the $255.00 filing and docketing fees for this appeal and file in this court proof of such payment or file in this court a motion to proceed ifp. Failure to pay the fees or file a motion to proceed ifp shall result in the automatic dismissal of the appeal by the clerk for failure to prosecute. See 9th Cir.R. 42-1. ( Procedurally Terminated After Other Judicial Action; Jurisdictional Defects. Mary M. SCHROEDER, Johnnie B. RAWLINSON, Jay S. BYBEE ) [05-35289, 05-35291] (HH) [Entered: 07/21/2005 10:29 AM] 08/11/2005 18 Received Appellant James Dalton Bell's "request for ext and relief from obstruction," dated 8/2/05 [5540923] (to PROSE) [05-35289] (HH) [Entered: 08/23/2005 12:33 PM] 08/15/2005 13 Order filed (Dep. Clk. jlc) dismiss case for failure to prosecute (C.R. 42-1) A certified copy of this order sent to the district court shall act as and for the mandate of this court. ( Procedurally Terminated Without Judicial Action; Default. ) [05-35289] (JC) [Entered: 08/15/2005 09:46 AM] 08/17/2005 17 Received Appellant James Dalton Bell's "Notice of obstruction of plntf's right to pursue appeal," dated 8/11/05 (to PROSE) (HH) [Entered: 08/23/2005 09:52 AM] 08/19/2005 14 Received Appellant James Dalton Bell's "motion for relief from obstruction of this appeal," dated 8/15/05 [5539551] (to PROSE) [05-35289] (HH) [Entered: 08/22/2005 12:16 PM] 08/19/2005 15 Received aplt James Dalton Bell's document entitled "Response to 7/21/05 order," dated 8/15/05 (to PROSE) [05-35289] (HH) [Entered: 08/22/2005 12:18 PM] 08/19/2005 16 Received aplt James Dalton Bell's "Notice of impaired filing," dated 8/15/05 (to PROSE) (HH) [Entered: 08/22/2005 12:22 PM] 09/12/2005 20 Filed order (Appellate Commissioner) The ct is in receipt of aplt's filing titled "mtn for relief from obstruction of this appl" Aplt's filings is construed as a mtn to reinstate the appl dismissed for lack of prosecution on 8/15/05/ So construed, the mtn to reinstate is denied without prejudice to filing a renewed mtn to reinstate the appl within 21 days of this order, accompanied by 1) prf of pymnt of the $255 fee, or 2) a mtn to proc ifp...The clerk shall provide a copy of form 4 of the 9th CR to aplt along with this order. All other pndg mtns are denied as moot. [14] [18] ( PROSE) [05-35289] (GR) [Entered: 09/12/2005 08:14 AM] 09/19/2005 22 Filed order PROSE (Appellate Commissioner) It has come to the attention of the court that the appellate commissioner is a named party to this appeal. Accordingly, the order filed on 9/12/05 is VACATED. The matter will be addressed by separate order. [05-35289] (HH) [Entered: 09/19/2005 09:55 AM] 09/29/2005 24 Received Appellant James Dalton Bell's response to 9/12/05 order; dated 9/19/05 (to PROSE) [05-35289] (HH) [Entered: 10/11/2005 04:02 PM] 10/06/2005 25 Received Appellant James Dalton Bell's "objection to clerk's dismissal/notice of pending 28 USC 455/Rule 59(e)/60(b) filing," dated 10/3/05 (to PROSE) [05-35289] (HH) [Entered: 10/11/2005 04:04 PM] 10/14/2005 27 Filed order PROSE ( Thomas G. NELSON, Richard C. TALLMAN, ): The court is in receipt of aplt's filing titled, "motion for relief from obstruction of this appeal." Aplt's filing is construed as a motion to reinstate the appeal, which was dismissed for lack of jurisdiction on 8/15/05 under 9th Cir.R. 42-1. So construed, the motion to reinstate is DENIED without prejudice to the filing of a renewed motion to reinstate the appeal within 21 days after the date of this order, accompanied by: 1) proof of payment of the $255 docketing and filing fee; or 2) a motion to proceed ifp... The clerk shall provide a copy of form 4 of the 9th Cir.R. rules to aplt along with this order pursuant to FRAP 24. All other pending motions are DENIED as moot. [05-35289] (HH) [Entered: 10/14/2005 10:43 AM] 10/17/2005 28 Received Appellant James Dalton Bell's "request to construe filings as Rule 60(b) and under 28 USC 2441 in appeals 99-30210, 01-30143, 01-30296, 01-30303," dated 10/2/05 [5603631] (to PROSE - NAN case dismissed - aplt needs to respond to 10/14/05 order) [05-35289] (HH) [Entered: 10/20/2005 03:14 PM] 10/24/2005 29 Received letter from pro se re: obstruction of justice. (PRO SE - NAN - case closed) (GR) [Entered: 10/26/2005 02:18 PM] 10/27/2005 30 Received letter from pro se dated 10/23/05 re: "status of these matters." (general docket sent to aplt) (HH) [Entered: 11/02/2005 05:02 PM] 10/31/2005 32 Received Appellant James Dalton Bell's "response to 10/14/05 order; motion to correct procedural error; motion to adjudicate existing 28 USC 455 motion," dated on 10/26/05 [5619003] (to MOATT) [05-35289] (HH) [Entered: 11/03/2005 04:02 PM] 10/31/2005 34 Received Appellant James Dalton Bell's "renewed motion to reinstate appeal, motion regaring in form pauperis status of aplt Bell," dated 10/24/05 (no proof of service) (to MOATT - includes affidavit accompanying mtn to appeal ifp, Form 4 ) [5620686] [05-35289] (HH) [Entered: 11/04/2005 04:36 PM] 11/03/2005 33 Received letter from pro se dated 10/30/05 re: irregularities associated with court's mishandling of 05-35289. (CASEFILES) (HH) [Entered: 11/03/2005 04:21 PM] 11/04/2005 38 Received Appellant James Dalton Bell's "supplement to motion under 28 usC 455" [32], served on 11/2/05 (to MOATT) [05-35289] (HH) [Entered: 11/18/2005 05:01 PM] 11/07/2005 35 Received Appellant James Dalton Bell's "supplement to motion under 28 USC 455" [34], [32]; dated 10/23/05 (to MOATT) [05-35289] (HH) [Entered: 11/08/2005 11:11 AM] 11/07/2005 36 Received Appellant James Dalton Bell's "motion for reconsideration of denied as moot motions," dated 10/23/05 [5622662] (to PROSE) [05-35289] (HH) [Entered: 11/08/2005 11:13 AM] 11/14/2005 39 Received Appellant James Dalton Bell's motion under 28 USC 455; dated 11/4/05 [5634572] (to MOATT) [05-35289] [05-35289] (HH) [Entered: 11/18/2005 05:13 PM] 11/14/2005 43 Received Appellant James Dalton Bell's "motion to repair corruption," dated 11/7/05 [5639726] [05-35289] [05-35289] (HH) [Entered: 11/25/2005 12:18 PM] 11/18/2005 47 Received letter from pro se re: filings in cases 99-30210 and 05-35289. (to MOATT) (HH) [Entered: 12/28/2005 11:56 AM] 11/21/2005 40 Received Appellant James Dalton Bell's "renewed motion to reinstate appeal, motion regaring in form pauperis status of aplt Bell," dated 10/24/05 (no proof of service) (MOATT) [5635140] [05-35289] (HH) [Entered: 11/21/2005 11:00 AM] 11/21/2005 41 Filed order MOATT ( J. C. WALLACE, Edward LEAVY, ): The clerk is directed to file aplt's 10/31/05 "renewed motion to reinstate appeal, motion regarding ifp status of aplt Bell." The renewed motion to reinstate is GRANTED. [40] Aplt's 10/31/05 filing is construed as a motion to proceed ifp on appeal. So construed, the motion is DENIED. [34] Within 21 days after the filing date of this order, aplt shall pay $255.00 to the dc as the docketing and filing fees for this appeal and file proof of payment with this court. Failure to pay the fees will result in the automatic dismissal of the appeal by the clerk for failure to prosecute, regardless of further filings. See 9th Cir.R. 42-1. If aplt pays the fees as required and files proof of such payment in this court, aplt shall simultaneously show cause why the judgment challenged in this appeal should not be summarily affirmed. See 9th Cir.R. 3-6. If aplt pays the fees but fails to file a response to this order, the clerk shall dismiss this appeal for failure prosecute. See 9th Cir.R. 42-1. To the extent aplt has a motion for recusal pending, it is DENIED...CITE. All other pending motions are DENIED. No motions for reconsideration, clarification, or modification of this order shall be filed or entertained. Briefing is SUSPENDED pending further order of this court. [05-35289] (HH) [Entered: 11/21/2005 11:00 AM] 12/06/2005 44 Check Number 553 in the amount of 255.00 forwarded to district court. (See Case File) [05-35289] (JR) [Entered: 12/06/2005 02:34 PM] 12/06/2005 45 Filed Appellant James Dalton Bell's response to order to show cause; served on 12/2/05 (to MOATT) [05-35289] (HH) [Entered: 12/13/2005 02:49 PM] 12/19/2005 46 Received Appellant James Dalton Bell's notice of attempted payment of docket fee; motion for ext to pay docket fee; dated 12/14/05 [5670120] (to MOATT) [05-35289] (HH) [Entered: 12/22/2005 03:16 PM] 01/04/2006 49 Filed order MOATT (EO) Aplt's motion for an ext of time to pay the docketing and filing fees is GRANTED. [46] Within 21 days after the filing date of this order, aplt shall pay $255.00 to the DC as the docketing and filing fees for this appeal and file proof of payment with this court. Failure to pay the fees will result in the automatic dismissal of the appeal by the clerk for failure to prosecute, regardless of further filings. See 9th Cir.R. 42-1. If aplt pays the fees as required and files proof of such payment in this court, aplt's 12/6/05 response to the court's order to show cause will be considered. Briefing remains suspended pending further order of this court. [05-35289] (HH) [Entered: 01/04/2006 09:56 AM] 01/13/2006 50 Received notification from District Court re payment of docket fee. ( Date: 12/27/05) [05-35289] (HH) [Entered: 01/20/2006 02:46 PM] 01/23/2006 51 Received Appellant James Dalton Bell's notice and request to clerks (to correct caption); dated 1/18/06 (no proof of service to aples) [5704222] (to MOATT) [05-35289] (HH) [Entered: 01/26/2006 04:17 PM] 02/24/2006 53 FILED MEMORANDUM: A review of the record and aplt's response to the 11/21/05 order to show cause indicates that the questions raised in this appeal are so insubstantial as not to require further argument...CITE. Accordingly, we summarily affirm the DC's judgment. All pending motions are DENIED as moot. AFFIRMED. ( Terminated on the Merits after Submission Without Oral Hearing; Affirmed; Written, Unsigned, Unpublished. Mary M. SCHROEDER, Alfred T. GOODWIN, Johnnie B. RAWLINSON ) FILED AND ENTERED JUDGMENT. [05-35289] (HH) [Entered: 02/24/2006 12:53 PM] 02/27/2006 54 Received Appellant James Dalton Bell's "notice of continuing obstruction of this case," dated 2/18/06 (CASEFILES) (HH) [Entered: 03/09/2006 05:18 PM] 03/20/2006 55 MANDATE ISSUED [05-35289] (HH) [Entered: 03/20/2006 11:45 AM] 01/08/2007 56 Rec'd notice of change of address from Appellant James Dalton Bell, dated 1/1/07 (PO Box 7000, Florence, CO 81226-7000). (CASEFILES) [05-35289] (HH) [Entered: 01/09/2007 09:39 AM]