Terence L. Thomas v. UNITED STATES OF AMERICA; A. BONCHER, Warden; (FNU) ARPANO, Unit Manager

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
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TERENCE L. THOMAS,
Plaintiff - Appellant,
v.
UNITED STATES OF AMERICA; A.
BONCHER, Warden; (FNU) ARPANO,
Unit Manager,
Defendants - Appellees.
No. 21-3067
(D.C. No. 5:21-CV-03059-SAC)
(D. Kan.)
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before MORITZ, BALDOCK, and EID, Circuit Judges.**
_________________________________
Plaintiff-appellant Terence L. Thomas is an inmate at Federal Medical Center–
Devens (“FMC–Devens”) in Massachusetts. Appearing pro se, he brought suit in the
U.S. District Court for the District of Kansas against the defendants-appellees—the
United States of America; A. Boncher, the Warden of FMC–Devens; and FNU
Arpano, a Unit Manager at FMC–Devens—alleging that they unlawfully (1) limited
* This order and judgment is not binding precedent, except under the doctrines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 consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
** 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 therefore
ordered submitted without oral argument.
FILED
United States Court of Appeals
Tenth Circuit
July 27, 2021
Christopher M. Wolpert
Clerk of Court
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his access to the FMC–Devens law library and (2) failed to replace his housing unit’s
broken microwave. He also sought “the relief of [his] letters to the Court granted as
reserved as well as the thought, Ideas, Expressions, title markers and place names of
[himself],” maintaining that he was entitled to such relief under the First
Amendment. R. at 9; see also Aplt. Br. at 2 (“I asked my rights to be reserved . . .
because I believe my First [Amendment] right would be violated.”). After reviewing
the complaint, the district court dismissed Thomas’s case for lack of venue, reasoning
that “the District of Kansas is not a proper venue for this action because no defendant
resides in the District of Kansas, nor did any of the events giving rise to the claim
occur in the District of Kansas.” Thomas v. United States, No. 21-3059-SAC, 2021
WL 1210277, at *1 (D. Kan. Mar. 31, 2021).
On appeal, Thomas continues to press his claims concerning his limited library
access, his housing unit’s broken microwave, and his desire to “reserve” his rights.
Additionally, he attempts to inject new matters into this suit, alleging (1) that the
defendants-appellees are forcing him to take medication in violation of the Eighth
Amendment and (2) that a United States marshal who is biased against him
improperly influenced court officials at the time of his sentencing, causing him to
receive a lengthier term of imprisonment than would have otherwise been imposed.
Thomas does not, however, challenge the district court’s determination that venue
was improper in the District of Kansas. As a result, he has waived the issue that was
the basis for the district court’s ruling. See Sawyers v. Norton, 962 F.3d 1270, 1286
(10th Cir. 2020). In light of Thomas’s waiver, we affirm the dismissal of Thomas’s
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suit without prejudice for lack of venue. And because the venue issue is dispositive,
we do not address the merits of Thomas’s claims. See Ballard v. Anderson, --- F.
App’x ----, No. 21-4017, 2021 WL 2623156, at *2 (10th Cir. June 25, 2021)
(unpublished) (explaining that when we affirm for lack of venue, we “need not
expend effort considering the other aspects of the district court’s decision”). 1
Also pending before us is Thomas’s motion for leave to proceed in forma
pauperis (“ifp”) for purposes of this appeal. An appellant wishing to proceed ifp
must show not just “a financial inability to pay the required [filing] fees”; in addition,
he must demonstrate “the existence of a reasoned, nonfrivolous argument on the law
and facts in support of the issues raised on appeal.” Watkins v. Leyba, 543 F.3d 624,
627 (10th Cir. 2008) (alteration in original) (quotations omitted) (quoting McIntosh v.
U.S. Parole Comm’n, 115 F.3d 809, 812 (10th Cir. 1997)). By not challenging the
basis for the district court’s decision, Thomas has failed to satisfy this latter
requirement. See Ballard, 2021 WL 2623156, at *2. Accordingly, we deny
Thomas’s ifp motion and order him “to immediately pay the full amount of all
remaining appellate filing and docketing fees.” Robinson v. Doe, 761 F. App’x 855,
857 (10th Cir. 2019) (unpublished).
For the foregoing reasons, we AFFIRM the judgment of the district court
dismissing the case without prejudice for improper venue. We further DENY
1 Unpublished cases cited in this decision are not binding precedent, but we
consider them for their persuasive value. See Fed. R. App. P. 32.1(a); 10th Cir. R.
32.1(A).
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Thomas’s ifp motion and DIRECT him to pay the entire amount of the filing and
docketing fees forthwith.
Entered for the Court
Allison H. Eid
Circuit Judge
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