Wheeler v. State

Decision Date12 May 2022
Docket Number20220024,20220026
Citation2022 ND 97
PartiesLeRoy Kenneth Wheeler, Petitioner and Appellant v. State of North Dakota, Respondent and Appellee
CourtNorth Dakota Supreme Court

2022 ND 97

LeRoy Kenneth Wheeler, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Nos. 20220024, 20220026

Supreme Court of North Dakota

May 12, 2022


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

LeRoy K. Wheeler, Bismarck, ND, petitioner and appellant.

Justine S. Hesselbart, Grand Forks, ND, for respondent and appellee.

1

PER CURIAM.

[¶1] LeRoy Wheeler appeals from a district court's N.D. Sup. Ct. Admin. R. 58 vexatious litigant pre-filing order. The district court found Wheeler is a vexatious litigant after reviewing Wheeler's lengthy history of filing unsuccessful pro-se litigation. The court's order prohibits Wheeler from filing any new pro-se litigation without obtaining leave of a judge in the district where he proposes to file. Wheeler argues the order violates his constitutional rights and the judge who issued the order was biased against him. He also asserts he should have received a hearing.

[¶2] The issuance of an N.D. Sup. Ct. Admin. R. 58 pre-filing order is discretionary. Matter of Emelia Hirsch Trust, 2017 ND 291, ¶ 8, 904 N.W.2d 740. Whether to grant a hearing after receiving a response to a proposed pre-filing order is also a matter of discretion. N.D. Sup. Ct. Admin. R. 58(5). We review decisions on discretionary matters for an abuse of discretion. Emelia Hirsch Trust, at ¶ 8. Based on our review of the record, we conclude the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT