March 19, 2026·1:23-CV-00021-SWS)·Panel Decision·By Aisha Johnson
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by a prisoner against a corrections official. The dismissal was issued due to a lack of prosecution by the appellant.
Background
Charles Kenzell Carter, a plaintiff and appellant, filed an appeal against Carl Voigtsberger, who served as the Wyoming Department of Corrections Classification and Housing Manager, and the Wyoming Department of Corrections. The case originated in the District Court for the District of Wyoming.
The court’s reasoning
The court determined that the appellant failed to prosecute the appeal. Consequently, the court exercised its authority under Tenth Circuit Rule forty-two point one to dismiss the case.
What it means going forward
The dismissal terminates the appellate proceedings without a decision on the merits of the underlying civil rights claims.
