NOTICE: Although citation of unpublished opinions remains
unfavored, unpublished opinions may now be cited if the opinion has
persuasive value on a material issue, and a copy is attached to the
citing document or, if cited in oral argument, copies are furnished
to the Court and all parties. See General Order of November 29,
1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
(The decision of the Court is referenced in a "Table of Decisions
Without Reported Opinions" appearing in the Federal Reporter.)
Barbara SCHWARZ, Plaintiff-Appellant,
CHURCH OF SCIENTOLOGY INTERNATIONAL, in Los Angeles CA, their executives; Utah
State Department of Corrections, Defendants-Appellees.
Nos. 93-4082, 93-4092.
United States Court of Appeals,
Nov. 2, 1993.
Before SEYMOUR, ANDERSON, and EBEL, Circuit Judges.
ORDER AND JUDGMENT [FN1]
**1 After examining the briefs and appellate record, this panel has
determined unanimously that oral argument would not materially assist the
determination of this appeal. See Fed. R.App. P. 34(a); 10th Cir. R.
34.1.9. The cause is therefore ordered submitted without oral argument.
Barbara Schwarz, appearing pro se, filed actions for monetary and injunctive
relief against the Church of Scientology International (CSI) and Utah State
Department of Corrections. Both suits were driven by Ms. Schwarz' attempts to
ascertain the whereabouts of Mark Rathbun, whom Ms. Schwarz alleges is her
husband. Her complaint against CSI alleges that Mr. Rathbun is a high official
in that organization, and that CSI knows where he is but refuses to tell her.
Her suit against the Department asserts that Mr. Rathbun is incarcerated at one
of the Department's institutions and seeks a court order allowing her to
personally search for him in the Department's facilities. The district court
consolidated the cases and, after a hearing, granted CSI's motion to dismiss
for failure to state a claim for relief and the Department's motion for summary
judgment. We affirm. [FN2]
CSI argued below that the court lacked personal jurisdiction over it due to a
lack of minimum contacts and, alternatively, that Ms. Schwarz had failed to
state a claim for relief. The court ruled that it had jurisdiction but granted
CSI's motion to dismiss. We agree with the district court's conclusion that
Ms.Schwarz has presented no legally cognizable theory to support her claim that
CSI's failure to reveal the whereabouts of Mr. Rathbun entitles her to relief
in federal court.
The Department filed a motion for summary judgment, supported by documents
showing that the Department had searched its records and that Mark Rathbun was
not then and never has been incarcerated or supervised under its authority.
The court considered this material together with that presented by Ms. Schwarz
and granted summary judgment for the Department. We have carefully reviewed
the court's ruling, and we affirm substantially for the reasons set out
FN1. This order and judgment has no precedential value and shall not be
cited, or used by any court within the Tenth Circuit, except for purposes
of establishing the doctrines of the law of the case, res judicata, or
collateral estoppel. 10th Cir. R. 36.3.
FN2. We grant Ms. Schwarz' motions to exceed page limits and her motion to