Telford v. Nye
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In 2011, Administrative District Judge Nye issued an Administrative Order Declaring Petitioner Holli Telford a Vexatious Litigant. At the time the pre-filing order was issued, there were no proceedings before Judge Nye to which Telford was a party. Judge Nye issued the pre-filing order after receiving requests from several district court and magistrate judges. The pre-filing order declared Telford a vexatious litigant on the basis that she "has previously been declared to be a vexatious litigant by any federal court of record in any action or proceeding." Telford had been declared vexatious by Utah, Texas, the Federal Ninth Circuit Court of Appeals, the Federal District Court of Idaho, the Federal District Court of Montana, and the United States Supreme Court. The pre-filing order also found Telford to be a vexatious litigant on the additional basis that she has commenced in Idaho three or more pro se litigations that were determined adversely to her in the past seven years. Telford was then served the pre-filing order. On appeal, Telford challenged the order deeming her a vexatious litigant, including attacking the merits of cases underlying the declarations of the other jurisdictions. Upon review, the Idaho Supreme Court found no abuse of discretion, and affirmed Judge Nye's pre-filing order.
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