March 12, 2026·5:25-CV-00437-D·Panel Decision·By James Taylor
The United States Court of Appeals for the Tenth Circuit dismissed this appeal due to a lack of prosecution by the petitioner. The court issued an order stating that no further action will be taken on the case.
Background
The petitioner, Johnnie Waldon Deshazer, filed an appeal against the respondent, David Louthan, in the United States Court of Appeals for the Tenth Circuit. The case originated from the Western District of Oklahoma.
The court’s reasoning
The court determined that the petitioner failed to prosecute the appeal. Consequently, the court exercised its authority under Tenth Circuit Rules three point three B and forty-two point one to dismiss the case.
What it means going forward
The dismissal for lack of prosecution effectively ends the appellate process for this case without a decision on the merits.
