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Randy Holkesvig v. Peter David Welte

July 12, 2012

RANDY HOLKESVIG, PLAINTIFF AND APPELLANT
v.
PETER DAVID WELTE,
DEFENDANT AND APPELLEE RANDY HOLKESVIG,
PLAINTIFF AND APPELLANT
v.
MEREDITH HUSEBY LARSON, DEFENDANT AND APPELLEE RANDY HOLKESVIG,
PLAINTIFF AND APPELLANT
v.
CHRISTOPHER SMITH, DEFENDANT AND APPELLEE



Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Wickham Corwin, Judge.

The opinion of the court was delivered by: Kapsner, Justice.

N.D. Supreme CourtHolkesvig v. Welte, 2012 ND 142

This opinion is subject to petition for rehearing.

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AFFIRMED.

Opinion of the Court by Kapsner, Justice.

[¶1] Randy Holkesvig appeals from a district court order modifying an order enjoining him from filing certain further lawsuits without leave of court and denying his request for leave to commence four new lawsuits. We affirm, concluding the district court acted within its discretion in denying Holkesvig's motion to file four new lawsuits and in prohibiting him from filing certain further lawsuits.

I

[¶2] In 2008, Holkesvig was charged with stalking and violating a disorderly conduct restraining order. After pleading guilty to the stalking charge, Holkesvig sued Peter Welte, Meredith Larson, and Chris Smith, individuals involved in the criminal proceedings against Holkesvig. The district court granted summary judgment for the defendants, awarding them costs and disbursements. Holkesvig appealed, and the decision was affirmed. Holkesvig v. Welte, 2011 ND 161, ¶ 1, 801 N.W.2d 712. During the pendency of the appeal, Holkesvig filed additional pleadings and documents with the district court. The district court issued an order awarding the defendants $1,000 in attorney fees and prohibiting Holkesvig from filing further documents with the court, except to the extent required to resume or continue his appeal. Despite the district court's order, Holkesvig continued to file documents with the district court, resulting in Welte, Larson, and Smith filing a motion to strike the documents and to impose sanctions against Holkesvig for violating the court's order. In March 2011, without holding a hearing, the district court found Holkesvig in contempt of court, struck his additional documents, and ordered him to pay the defendants a $1,000 remedial sanction for the contempt. The March 2011 order also enjoined Holkesvig from commencing any new lawsuits based on the events related to his underlying criminal conviction without obtaining leave of court. Holkesvig appealed the March 2011 order, which was reversed and remanded because Holkesvig did not receive a hearing on the contempt motion. Holkesvig v. Welte, 2012 ND 14, ¶ 1, 809 N.W.2d 323.

[¶3] In September 2011, Holkesvig sought leave of court to file four new lawsuits relating to the underlying criminal proceedings against him. In October 2011, the district court denied Holkesvig's motion to file four new lawsuits and stated the language of its March 2011 order, which allowed for new actions to be commenced only with leave of court, was "simply an invitation for more of the same." The district court's October 2011 order modified its March 2011 order, eliminating the exception of allowing further claims arising from the same events to be commenced with leave of court.

II

[¶4] On appeal, Holkesvig raises the following five issues:

I. Did Peter Welte knowingly and intentionally block the Plaintiff from gaining access to the closed files in the Chris Moore/Heather Eastling 2008 civil cases in December 2010, by having another Assistant DA block my access to get it without a legal or proper protective order in place that became a Brady violation, which in turn violated [the] 5th and 14th ...


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