UNITEDSTATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

DAVID WAYNE LANDRY,

Plaintiff - Appellant,

v.

ANN M. VENEMAN, Secretary,United States Department ofAgriculture,

Defendant - Appellee.No. 01-7121

(D.C. No. 00-CV-546-S)

(E. D. Oklahoma)

ORDER AND JUDGMENT(*)

Before EBEL, HOLLOWAY,and MURPHY, Circuit Judges.

For the third time, appellant David Wayne Landry seeks review of thedecisions and determinations made by the Secretary of Agriculture, whichresulted in denial of his request for loans from the Department of Agriculture.(1) The district court dismissed the action, holding that the claims were barred by thedoctrine of res judicata. After reviewing the briefs and record on appeal, weconclude that the district court was correct. Specifically, and in answer toappellant's only challenge to the district court's res judicata findings, the partiesto this and all of appellant's previous actions are either identical or in privity. See Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381, 402 (1940). Thus,we AFFIRM for substantially the same reasons stated in the district court's orderdated May 29, 2001.

Entered for the Court

David M. Ebel

Circuit Judge

FOOTNOTES

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*. This order and judgment is not bindingprecedent, except under thedoctrines of law of the case, res judicata, and collateral estoppel. The courtgenerally disfavors the citation of orders and judgments; nevertheless, an orderand judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

1. After examining the briefs andappellate record, this panel has determinedunanimously that oral argument would not materially assist the determination ofthis appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case istherefore ordered submitted without oral argument.