Michael Lynn Merrival, Jr. v. Steve Reams; Philip J. Weiser
March 23, 2026·1:25-CV-03430-LTB-RTG·Panel Decision·By Aisha Johnson
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by a pro se prisoner. The dismissal followed the appellant's request to voluntarily withdraw the case.
Background
The appellant, Michael Lynn Merrival, Jr., filed a pro se appeal in the Tenth Circuit. He subsequently submitted a notice for voluntary dismissal under Rule forty-two subsection b of the Federal Rules of Appellate Procedure.
The court’s reasoning
The court construed the appellant’s notice as a motion for voluntary dismissal. Relying on Federal Rule of Appellate Procedure forty-two subsection b and Tenth Circuit Rule twenty-seven point five subsection A nine, the court granted the motion and dismissed the appeal.
What it means going forward
The appeal is terminated, and the order stands as the mandate of the court.
