Florez v. Blanche
CourtCourt of Appeals for the Tenth Circuit
Date FiledNovember 12, 2026
Docket26-1188
StatusUnpublished
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Full Opinion
Appellate Case: 26-1188 Document: 22 Date Filed: 11/12/2026 Page: 1
FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT November 12, 2026
_________________________________
Christopher M. Wolpert
Clerk of Court
JOSEPH M. FLOREZ,
Plaintiff - Appellant,
v. No. 26-1188
(D.C. No. 1:25-CV-03420-LTB-RTG)
TODD BLANCHE; PETER MCNEILLY; (D. Colo.)
THOMAS MINSER; DEANA
AMBROSEN; BRIAN DUNN; CURRENT
DIRECTOR, Bureau of Alcohol, Tobacco,
Firearms, and Explosives; CHRISTOPHER
PYLER; GALLUZO; ROBINSON;
HATHAWAY; MAY; SANDUSKY;
SOLIS; SUMNER; SLAGLE; NICHOLAS
TREVIZO; JESSE SIMPSON;
MATTHEW HEADLEY; ERICKSON;
WOOTEN; M. PORTILLO;
LEINEBERGER; C. CALLAHAN;
LEONEL ESPINO-REYNA; J. FLORES;
PAINTER; CESAR GONZALEZ;
GONZALES; D. WALKER; LAUBERT;
ROBERT COMBES; SARACINO;
DUSTIN NAYLOR; BRIGHTON POLICE
DEPARTMENT; BRIGHTON POLICE
AND COMMERCE CITY POLICE JOINT
TASKFORCE; COMMERCE CITY
POLICE DEPARTMENT; FEDERAL
BUREAU OF INVESTIGATION;
UNITED STATES MARSHALL
SERVICE; GEO MARSHALL SERVICE;
WESTMINSTER POLICE
DEPARTMENT; WILLIAM
MARSHALL; FEDERAL BUREAU OF
PRISONS AND ALL FDC FEDERAL
DETENTION FACILITIES AND ALL
FEDERAL HOLDING FACILITIES;
Appellate Case: 26-1188 Document: 22 Date Filed: 11/12/2026 Page: 2
ADAMS COUNTY SHERIFF'S OFFICE;
ADAMS COUNTY DETENTION
FACILITY; DOUGLAS COUNTY
SHERIFF'S OFFICE; DOUGLAS
COUNTY DETENTION FACILITY; FDC
ENGLEWOOD AND EVERYONE
EMPLOYED THERE,
Defendants - Appellees.
_________________________________
ORDER AND JUDGMENT *
_________________________________
Before MATHESON, MURPHY, and ROSSMAN, Circuit Judges. **
_________________________________
Joseph M. Florez, proceeding pro se, 1 is a pretrial detainee and defendant in a
federal criminal case in which he is charged with being a felon in possession of a
firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). He sued 48 state and
federal defendants under 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents
of Federal Bureau of Narcotics, 403 U.S. 388 (1971), alleging that § 922(g)(1) is
*
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. It may be cited, however, for its
persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
**
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of this
appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered
submitted without oral argument.
1
Because Mr. Florez appears pro se, “we liberally construe his filings, but we will
not act as his advocate.” James v. Wadas, 724 F.3d 1312, 1315 (10th Cir. 2013). Also,
he is subject to the same procedural rules governing other litigants. See United States v.
Green, 886 F.3d 1300, 1307-08 (10th Cir. 2018).
2
Appellate Case: 26-1188 Document: 22 Date Filed: 11/12/2026 Page: 3
unconstitutional under (1) the Second Amendment and (2) the Bills of Attainder
Clauses, U.S. Const. art 1, §§ 9-10.
A magistrate judge recommended dismissal of Mr. Florez’s second amended
complaint as frivolous. ROA at 189-93; see 28 U.S.C. § 1915(e)(2)(B)(i). He said
Tenth Circuit precedent foreclosed Mr. Florez’s challenge to § 922(g)(1), citing
Vincent v. Bondi, 127 F.4th 1263 (10th Cir. 2025). ROA at 191. 2 The district court,
noting that Mr. Florez did not file a timely objection to the Recommendation,
“accepted and adopted” the Recommendation and ordered that Mr. Florez’s “Second
Amended Prisoner Complaint and this action are dismissed with prejudice as
frivolous.” Id. at 196 (citation omitted). 3
Our decision in Vincent v. Bondi forecloses Mr. Florez’s Second Amendment
challenge to § 922(g)(1). And courts uniformly have held that § 922(g)(1) is not a
bill of attainder because it does not determine guilt or remove the protections of trial.
See, e.g., United States v. Hemmings, 258 F.3d 587, 594-95 (7th Cir. 2001); United
States v. Davis, 27 F. App’x 592, 600 (6th Cir. 2001) (unpublished); United States v.
2
The magistrate judge also said Mr. Florez should not be able to bring his civil
action on these claims when his criminal case is pending. ROA at 192. We do not
address this ground.
3
The Clerk’s Office “directed [Mr. Florez ] to file a written response in this court
addressing whether he waived his right to appellate review of the district court’s
dismissal order by failing to file objections to the magistrate judge’s Recommendation.”
Dkt. No. 2. Mr. Florez responded that he filed objections within 14 days after he
received the Recommendation. Dkt. No. 7. We do not address this issue.
3
Appellate Case: 26-1188 Document: 22 Date Filed: 11/12/2026 Page: 4
Stauffer, No. 97-10333, 1998 WL 476709, at *1 (9th Cir. July 29, 1998)
(unpublished). 4
We therefore affirm the district court. We deny Mr. Florez’s motion for leave
to proceed without prepayment of costs and fees.
Entered for the Court
Scott M. Matheson, Jr.
Circuit Judge
4
Unpublished cases are not binding precedent, but we may consider them for their
persuasive value. See Fed. R. App. P. 32.1(a); 10th Cir. R. 32.1(A).
4