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    Greene v. Tennessee Board, 10th Cir. (2017)

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    Filed: 2017-07-26 Precedential Status: Non-Precedential Docket: 17-4056

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    Greene v. Tennessee Board, 10th Cir. (2017)

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    Filed: 2017-07-26 Precedential Status: Non-Precedential Docket: 17-4056

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    Filed: 2017-07-26 Precedential Status: Non-Precedential Docket: 17-4056

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    636 views2 pages

    Greene v. Tennessee Board, 10th Cir. (2017)

    Uploaded by

    Scribd Government Docs
    Filed: 2017-07-26 Precedential Status: Non-Precedential Docket: 17-4056

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    of 2

    FILED

    United States Court of Appeals


    UNITED STATES COURT OF APPEALS Tenth Circuit

    FOR THE TENTH CIRCUIT July 26, 2017


    _________________________________
    Elisabeth A. Shumaker
    Clerk of Court
    CEDRIC GREENE,

    Plaintiff - Appellant,

    v. No. 17-4056
    (D.C. No. 2:17-CV-00175-BSJ)
    TENNESSEE BOARD OF JUDICIAL (D. Utah)
    CONDUCT,

    Defendant - Appellee.
    _________________________________

    ORDER AND JUDGMENT*


    _________________________________

    Before LUCERO, BALDOCK, and MORITZ, Circuit Judges.


    _________________________________

    Cedric Greene, proceeding pro se, appeals the district courts dismissal of his

    complaint against the Tennessee Board of Judicial Conduct (the Board).

    Exercising jurisdiction under 28 U.S.C. 1291, we affirm.

    In February 2017, Greene filed a complaint with the Board against a state

    court judge who had previously dismissed Greenes civil lawsuit. Greene then sued

    the Board in U.S. District Court for the District of Utah, challenging its decision.

    *
    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. This order and judgment is not binding
    precedent, except under the doctrines of law of the case, res judicata, and collateral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.
    The district court appropriately dismissed for lack of subject matter jurisdiction.

    Greene does not argue that diversity jurisdiction exists under 28 U.S.C. 1332(a).

    His only asserted basis for federal question jurisdiction is 18 U.S.C. 1001, which is

    a criminal statute that does not confer jurisdiction in this civil lawsuit. See 28 U.S.C.

    1331; Clements v. Chapman, 189 F. Appx 688, 690, 692 (10th Cir. 2006)

    (unpublished) (section 1001 does not provide for private cause of action).

    AFFIRMED.

    Entered for the Court

    Carlos F. Lucero
    Circuit Judge

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