Coeur v. Scott

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS AND DESIGNATING PLAINTIFF A RESTRICTED FILED STATUS- Case Closed. For the reasons stated in the order, the court ADOPTS the Report and Recommendation issued by Chief Magistrate Judge Warner (E CF No. 17), and DISMISSES this case WITHOUT PREJUDICE. Each party shall bear one's own costs. The court further ADOPTS the recommendation to designate Plaintiff Francois Coeur as a restricted filer. Signed by Judge Clark Waddoups on 4/13/18. (jmr)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

FRANCOIS COEUR,
Plaintiff,
v.

ORDER ADOPTING REPORT AND
RECOMMENDATION
and
DESIGNATING PLAINTIFF A
RESTRICTED FILER STATUS

LAURA SCOTT,
Defendant.

Case No. 2:17-cv-0087-CW-PMW
Judge Clark Waddoups

This case was assigned to United States District Court Judge Clark Waddoups, who then
referred it to Chief Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. § 636(b)(1)(B). On
March 9, 2018, Chief Magistrate Judge Warner issued a Report and Recommendation
recommending that the case be dismissed for lack of subject-matter jurisdiction under the
Rooker-Feldman doctrine.

Plaintiff Francois Coeur filed no objection to the Report and

Recommendation.
Plaintiff’s Complaint challenges dismissal of his state court cases. Because those state
proceedings have ended, application of the Rooker-Feldman doctrine is appropriate in this case.
Accordingly, the court hereby APPROVES AND ADOPTS Chief Magistrate Judge Warner’s
Rooker-Feldman analysis and DISMISSES this case WITHOUT PREJUDICE. Due to the
court’s lack of subject-matter jurisdiction, it does not reach the immunity question.
RESTRICTED FILER STATUS
Chief Magistrate Judge Warner further recommended that Plaintiff be designated a

restricted filer in this court. In addition to being a prolific filer in the state court, Plaintiff has
filed seven cases in two years in this court. Of those cases that have been decided, all lacked
merit. This is consistent with the outcome of the cases Plaintiff has filed in state court. Because
Plaintiff has a pattern of vexatious litigation, the court ADOPTS Chief Magistrate Judge
Warner’s recommendation and designates Plaintiff a restricted filer. All new civil complaints
filed by Plaintiff shall be subject to the following conditions:
1.

Any new civil complaint that Plaintiff sends to this court will be collected by the

Clerk of the Court and sent to a Magistrate Judge for review.
2.

The Magistrative Judge will then review the complaint to determine whether it is

meritorious and should be filed, or whether it is meritless, duplicative, or frivolous.
3.

If the Magistrate Judge determines that the complaint is meritless, duplicative, or

frivolous, the Magistrate Judge will forward the complaint to the Chief District Judge for
further review.
4.

Only with the consent of the Chief District Judge will the complaint be filed.

5.

Plaintiff’s pleadings must be certified as provided in Rule 11 of the Federal Rules

of Civil Procedures.
CONCLUSION
For the reasons stated above, the court ADOPTS the Report and Recommendation issued
by Chief Magistrate Judge Warner (ECF No. 17), and DISMISSES this case WITHOUT
PREJUDICE.

Each party shall bear one’s own costs.

The court further ADOPTS the

recommendation to designate Plaintiff Francois Coeur as a restricted filer.

Any new civil

complaints filed by Plaintiff shall be subject to the conditions stated above. The court now
directs the Clerk of Court to close this case.

2

SO ORDERED this 13th day of April, 2018.
BY THE COURT:

____________________________________
Clark Waddoups
United States District Judge

3