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Holkesvig v. Grove

Supreme Court of North Dakota

April 3, 2014

Randy Holkesvig, Plaintiff and Appellant
v.
Gary Grove, Defendant and Appellee

Page 558

[Copyrighted Material Omitted]

Page 559

Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Laurie A. Fontaine, Judge.

Randy Holkesvig, Fargo, N.D., plaintiff and appellant; submitted on brief.

Daniel L. Gaustad, Grand Forks, N.D., for defendant and appellee; submitted on brief.

Carol Ronning Kapsner, Mary Muehlen Maring, Daniel J. Crothers, Dale V. Sandstrom, Gerald W. VandeWalle, C.J. The Honorable Lisa Fair McEvers was not a member of the Court when this case was heard and did not participate in this decision. Surrogate Judge Mary Muehlen Maring, sitting.

OPINION

Page 560

Kapsner, Justice.

[¶1] Randy Holkesvig appeals from district court orders denying him leave of court to file post-judgment motions, denying his motion to vacate or void judgment, and ordering the Grand Forks County Clerk of Court not to accept any further pleadings of any kind from him in this case, other than a notice of appeal. We affirm, concluding the district court did not abuse its discretion in entering the orders.

I

[¶2] After Holkesvig pleaded guilty to stalking in 2008, Holkesvig engaged in extensive litigation against various parties, including unsuccessfully suing the complaining witness, two prosecutors, and a deputy sheriff, and alleging wrongdoing in the criminal investigation and prosecution. See Holkesvig v. Moore, 2013 ND 2, 828 N.W.2d 546; Holkesvig v. Welte, 2012 ND 236, 823 N.W.2d 786; Holkesvig v. Grove, 2012 ND 208, 823 N.W.2d 786; Holkesvig v. Welte, 2012 ND 142');"> 2012 ND 142, 818 N.W.2d 760; Holkesvig v. Welte, 2012 ND 14, 809 N.W.2d 323; Holkesvig v. Moore, 2011 ND 199, 806 N.W.2d 438; Holkesvig v. Welte, 2011 ND 161, 801 N.W.2d 712. Holkesvig also unsuccessfully sought post-conviction relief from the consequences of his guilty plea to stalking. Holkesvig v. State, 2013 ND 1, 828 N.W.2d 546.

[¶3] In 2011, Holkesvig sued Gary Grove, a sergeant with the Grand Forks County Sheriff's Department, essentially alleging misconduct and negligent supervision of a sheriff's deputy during the criminal investigation. Grove, 2012 ND 208, ¶ 2, 823 N.W.2d 786. The district court granted summary judgment in Grove's favor, concluding Holkesvig's claims were frivolous, and ordered him to pay costs and attorney fees. Id. The court also entered orders denying Holkesvig's numerous post-judgment motions and prohibiting him from filing any further motions or pleadings in this case. Id. This Court summarily affirmed the judgment and the orders denying his post-judgment motions and prohibiting him from filing further motions and pleadings in this case. Grove, 2012 ND 208, ¶ 3, 823 N.W.2d 786.

[¶4] After his prior appeal, however, Holkesvig continued in 2013 to file post-judgment motions and attachments in the district court, including motions for leave of court, motions to vacate or void the judgment, motions for leave to file a motion for reconsideration, a motion to recuse, and other various complaints including against the sheriff and a judge. Holkesvig also filed voluminous documents and attachments, containing copies of previously filed documents. The district court thereafter entered further orders on April 9, 2013, and May 13, 2013, denying Holkesvig leave to file any post-judgment

Page 561

motions and denying his motion to vacate or void the judgment.

[¶5] The district court found the motions presented nothing that had not previously been addressed or considered, failed to set forth any valid basis to vacate the prior judgment under N.D.R.Civ.P. 60(b), and the arguments were repetitive and had already been ruled on. In its May 2013 order, the court also ordered the Grand Forks County Clerk of Court not to accept any further pleadings of any kind from Holkesvig in this case, other than a notice of appeal. The court observed that Holkesvig had repeatedly filed voluminous pleadings and exhibits that did not state new claims that would give rise to relief and that Holkesvig continuously alleges that almost every police officer, prosecutor, judge, or court employee has treated him unfairly. The court ...


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