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Windsor v. Boushie

Supreme Court of Montana

September 24, 2013

WILLIAM M. WINDSOR, Petitioner and Appellant,
v.
SEAN BOUSHIE, Respondent and Appellee.

ORDER

Before this Court is Appellee Sean Boushie's "Motion to recognize and enforce standing order designating plaintiff as a vexatious litigant." Attached to the motion is a copy of an order from the Hon. Thomas Thrash, U.S. District Judge for the Northern District of Georgia, in Cause #l:ll-cv-01823, captioned William M. Windsor, Plaintiff, v. James N. Hatten, et al., Defendants. The order states in part:

IT IS HEREBY ORDERED that the Plaintiff, William M. Windsor, and any parties acting in concert with him or at his behest, are PERMANENTLY ENJOINED from filing any complaint or initiating any proceeding, including any new lawsuit or administrative proceeding, in any court (state or federal) or agency in the United States without first obtaining leave of a federal district court in the district where the new complaint or proceeding is to be filed.

Boushie requests that Windsor's appeal in this case be denied as moot for the reason that Windsor has neither requested nor been granted leave to proceed by a federal district court judge in the district where this appeal is filed.

The file indicates that the Ravalli County Justice Court denied Windsor's motion for a temporary order of protection against Boushie. On appeal to the Twenty-First Judicial District Court, the Court similarly denied the order of protection and issued an Order Dismissing Appeal. The District Court's order does not mention the Georgia federal court order.

Without further context, we deem it appropriate for this Court to make an independent determination of whether Windsor should be allowed to proceed with his appeal in this case. Consequently, at this juncture we decline to dismiss the appeal on this ground. After full briefing is completed, this Court may reconsider the motion if appropriate.

IT IS THEREFORE ORDERED that Boushie's Motion to recognize and enforce standing order designating plaintiff as a vexatious litigant is DENIED without prejudice to further consideration in resolving the appeal in this case.

The Clerk is directed to provide a copy hereof to counsel of record, if any, and to the parties hereto.


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