Ouedraogo v. Downtown Denver Business Improvement District

Filing 79

ORDER that the Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R. App. 24, 77 is denied. by Judge John L. Kane on 4/11/2014. (trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01373-JLK
SOULEYMANE OUEDRAOGO,
Plaintiff,
v.
DOWNTOWN DENVER BUSINESS IMPROVEMENT DISTRICT,
Defendant.

ORDER DENYING LEAVE TO PROCEED ON APPEAL
PER 28 U.S.C. § 1915 AND FED. R. APP. P. 24
Kane, J.
Mr. Ouedraogo has submitted a Motion and Affidavit for Leave to Proceed on Appeal per
28 U.S.C. § 1915 and Fed. R. App. P. 24. ECF. Doc. 77. After examining the file, I have
determined that the motion must be denied.
Mr. Ouedraogo seeks to appeal my grant of Downtown Denver Business Improvement
District’s (“DDBID”) motion for of summary judgment. DDBID’s motion for summary
judgment was granted because (1) Mr. Ouedraogo’s breach of contract claim is extinguished by
novation; (2) there is overwhelming parole evidence to negate any unjust enrichment claims; (3)
Mr. Ouedrago cannot state a prima facie case of discrimination under 42 U.S.C. §§ 1981 and
1982 and even if he did DDIBD had non-discriminatory, non-pretextual reasons for its actions;
(4) Mr. Ouedraogo cannot show wrongful conduct necessary to state a claim for tortious
interference with a prospective advantage; and (5) the issues Mr. Ouedraogo seeks to include by
amendment are futile. Based on these findings, Mr. Ouedraogo fails to show “the existence of a
reasoned, nonfrivolous argument on the law and facts in support of the issues raised on appeal.”

DeBardeleben v. Quinlan, 937 F.2d 502, 505 (10th Cir. 1991). Therefore, this appeal is not
taken in good faith. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a). Accordingly, it is
ORDERED that the Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28
U.S.C. § 1915 and Fed. R. App. 24, ECF No. 77, is denied.
DATED at Denver, Colorado this 11th day of April, 2014 April, 2014.

BY THE COURT:
s/John L. Kane
John L. Kane, U.S. Senior District Judge