* After examining the brief and appellate record, thi s panel has determined

unanimously to honor the party’s request for a deci sion on the brief without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and ju dgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### March 17, 2006
Elisabeth A. Shumaker Clerk of Court UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

PATRICK D. COANDO,

Plaintiff - Appellant, No. 05-4274

v. (D. Utah) DOMINION EXPLORATION PRODUCTION, INC.,

Defendant - Appellee. (D.C. No. 2:05-CV-778-PGC)

ORDER AND JUDGMENT *

Before TACHA , Chief Circuit Judge, HARTZ , and TYMKOVICH , Circuit Judges.
On September 19, 2005, Patrick Coando filed a compl aint in the United States District Court for the District of Utah agai nst Dominion Exploration Production, Inc. (Dominion). Among the complaint’s allegations were that (1) he was denied his war-time treaty right as an enrolledmember of the Eastern-2-

Shoshone tribe to work on the Uinta Valley Reservat ion for Dominion, (2) Dominion’s failure to hire him constituted racial d iscrimination, (3) Dominion committed a breach of contract by violating certaintreaties signed by the United States, and (4) Dominion and the State of Utah comm itted certain acts of terrorism on the Uinta Valley Reservation. The dis trict court observed that since 1991 Mr. Coando had been the plaintiff in 28 differ ent cases filed in the District of Utah, and that Mr. Coando was subject to filing restrictions imposed by a 1993 court order, including the requirement that he obta in leave from the court before filing any civil complaint in the District of Utah. The district court dismissed Mr. Coando’s complaint for failure to follow the fi ling requirements imposed by the 1993 order. Mr. Coando appeals, claiming that the dismissal violated certain constitutional rights and alleging various acts of judicial misconduct. We have jurisdiction under 28 U.S.C. § 1291 and affirm. Mr. Coando argues that the district court’s dismiss al of his complaint violated his Seventh Amendment right to a jury tria l. He also argues that the court’s refusal to accept further filings violated other provisions of the United States Constitution, including the Due Process Clau se, the Equal Protection Clause, and the Sixth Amendment. Although Mr. Coan do does not explain how the dismissal violates those constitutional rights, we construe his arguments as challenging the constitutionality of the underlying order imposing filing-3-

restrictions. Mr. Coando, however, cites no author ity for his contentions. And in similar circumstances we have imposed or upheld suc h restrictions. See, e.g., Howard v. Mail-Well Envelope Co ., 150 F.3d 1227, 1232 (10th Cir. 1998) (enjoining an individual “from proceeding as an app ellant, or as a petitioner in an original proceeding, without the representation of a licensed attorney admitted to practice in this court, unless he first obtains permission to proceed pro se.”); Coando v. Westport Resources , 85 Fed. Appx. 59, 62 (10th Cir. 2003) (unpublished disposition) (“We note that this courtregularly upholds–and enters– orders imposing filing restrictions on plaintiffs w ith a demonstrated history of filing frivolous lawsuits. See, e.g., Winslow v. Hunder (In re Winslow) , 17 F.3d 314, 315-16 (10th Cir. 1994).”). Mr. Coando’s chal lenge to the constitutionality of the 1993 order fails. Mr. Coando asserts that the district judge was prac ticing law for the defense and acting out of prejudice against Mr. Coando in dismissing his complaint. He also appears to assert that the district judge engaged in ex parte communications with the defendant. But Mr. Coando does not support these assertions with any citations to evidence in the re cord, and thus we will not consider them. See Hinman v. Rogers , 831 F.2d 937, 939-40 (10th Cir. 1987) (conclusions, beliefs, and speculation are not an a dequate basis for recusal or disqualification of a judge).-4-

In addition, Mr. Coando contends that the 1993 orde r is “bogus” and “manufactured,” and that the district judge committ ed perjury by stating that Mr. Coando had been the plaintiff in 28 cases in th e District of Utah. Yet he points to no record evidence supporting the accusat ion of perjury or his claim that he was never involved in the earlier litigation. O n the contrary, the record on appeal includes a copy of the magistrate judge’s 19 92 report recommending dismissal of Mr. Coando’s complaint as frivolous an d the imposition of filing restrictions, and the district court order adopting the report and recommendation. This claim must fail. Finally, Mr. Coando appears to allege that an orderof this court was improperly altered. Again, no evidence of record s upports the allegation. We AFFIRM the order of the district court.

ENTERED FOR THE COURT

Harris L Hartz Circuit Judge