Holt v. McAfferty

Background

Richard Holt paid the filing fee and filed a complaint arising from a loan on property located in Norwalk, Connecticut, and related foreclosure proceedings in Connecticut state court. The defendants were Megan McAfferty, identified as Chief Court Clerk for the Superior Court, Stamford, Connecticut, and Mr. Cooper Group Inc., formerly known as WHIM Corp.

On December 5, 2019, the court dismissed the complaint on immunity grounds and for failure to state a claim on which relief could be granted. The court also stated that Holt had a history of vexatious litigation concerning the same events and had been warned that a filing injunction could be imposed. The court ordered Holt to show cause—explain why—that he should not be barred from filing future actions in the district concerning the loan or related foreclosure proceedings without prior permission, regardless of whether he paid the filing fee or sought permission to proceed without paying it.

Failure to Respond

Holt requested an extension to file what he called an amended appeal. The court clarified that the order to show cause required him to submit a declaration and did not authorize an amended pleading. Holt did not submit the declaration or any other response by the original deadline. The court extended the deadline to April 30, 2020, but Holt still had not responded or otherwise communicated with the court by the date of this order.

Ruling

Judge Alison J. Nathan entered an order under 28 U.S.C. § 1651 barring Holt from filing future civil actions in this court about the loan on the Connecticut property or related foreclosure proceedings without first obtaining the court’s permission. Any request for permission must include a proposed complaint and a copy of the bar order and must be filed with the court’s Pro Se Intake Unit. The court stated that an action filed without first seeking permission would be dismissed for failure to comply with the order and warned that additional sanctions, including monetary penalties, could follow continued submission of frivolous documents.

The court directed the clerk to send Holt a copy of the order, enter judgment, and close the action. It also certified that an appeal would not be taken in good faith and denied permission to appeal without paying the filing fee.