March 26, 2026·1:23-CV-00242-SWS·Panel Decision·By Aisha Johnson
The United States Court of Appeals for the Tenth Circuit dismissed an appeal because the appellant failed to file an opening brief. The court also noted that the appellant did not pay the required filing fee or submit a motion to proceed in forma pauperis.
Background
Gregory Lee King D’Arezzo filed an appeal against Guild Mortgage in the United States Court of Appeals for the Tenth Circuit. The case originated from the District Court for the District of Wyoming.
The court’s reasoning
The court found that the appellant had not filed an opening brief and had not paid the appellate filing fee or filed a motion to proceed in forma pauperis. Consequently, the court dismissed the appeal for failure to prosecute pursuant to Tenth Circuit Rules 3.3(B) and 42.1.
What it means going forward
The dismissal terminates the appellate proceedings without a decision on the merits of the underlying dispute between the parties.
