In Re: Charles Adam Fiechtner, Sr.

Filing 1

ORDER. Fiechtner shall not telephone the Clerk's Office of the District Court for the District of Montana. Fiechtner will no longer be allowed to physically enter the Clerk of Court's Office at the Russell Smith Courthouse in Missoula, Montana. Signed by Magistrate Judge Jeremiah C. Lynch on 8/12/2014. Mailed to Feichtner; forwarded to court security. (TAG, )

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

AUG 12 2014
Clerk us o' .

DiStriCt 0 fstnct Court
. fMontana
MfSSoula

CV-14-mc-00007-DLC-JCL

INRE:

ORDER

CHARLES ADAM FIECHTNER, SR.

Plaintiff Charles Fiechtner began filing lawsuits in this Court in 2011. In
2011, he was a party to 11 lawsuits which were ultimately dismissed for improper
venue and/or as frivolous. Between January 23, 2013 and February 6, 2013,
Fiechtner filed 24 lawsuits which were also dismissed. Ultimately, a vexatious
litigant order was issued against Fiechtner limiting his litigation activities. See

Fiechtner v. Young, et al., 13-cv-09-M-DLC-JCL, Doc. 3, Order dated March 4,
2013. Pursuant to that Order, all further filings by Fiechtner are done in this
miscellaneous civil case for review by the undersigned. Since the filing ofthe
March 4,2013 vexatious litigant Order, Fiechtner has filed 150 Complaints.
The Court, however, is concerned with Fiechtner's activities while
physically present in the Clerk of Court's Office which have been no less
disruptive to the administration ofjustice than his vexatious filings. There is little
authority addressing the Court's authority to limit a litigant's actual physical entry
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into the Clerk of Court's Office but such an order does not implicate the
constitutional rights of access to the court like a pre-filing order. The Court has
been advised that for approximately the last seven months, Fiechtner has visited
and telephoned the Clerk of Court's Office on numerous occasions dominating the
Clerk's Office staffs time and materials. Fiechtner seems to be using the Clerk of
Court's Office as his own personal office. He not only monopolizes staff for hours
at a time, he demands supplies such as copies, file folders, white out, and forms on
a frequent basis. Fiechtner's communications with Clerk's Office staff has been
relentless and intense. He is accusatory, intimidating, and threatens legal action.
The Court is also concerned with Fiechtner's unfounded allegations of
Clerk's Office personnel violating the law and threatening them with legal action.
For example, on June 5, 2014, Fiechtner contacted local law enforcement and
attempted to file a complaint with the Missoula City Police Department for
obstructing justice against personnel at the Clerk's office. Since that occasion the
United States Marshal's Office has requested that Court Security Officers closely
monitor Fiechtner when he is in the building. Thus, Court Security Officers now
escort and observe Fiechtner when he is present in the Courthouse including the
Clerk's Office. This is a timely proposition as Fiechtner spends excessive periods
of time in the Clerk's Office (anywhere from a half hour to an hour and half). The
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time spent in the Clerk's Office occupies both Court Security Officers time (taking
away time from their regular duties in providing security for the Courthouse) and
the Clerk's Office staff. Fiechtner's presence in the Clerk's Office is disruptive in
that he engages staff in multiple conversations demanding supplies and forms, and
copying services. Clerk's Office staff is unable to complete their regular duties in
a timely fashion with Fiechtner's continued presence at the counter.
The Court finds that a suitably tailored order limiting Fiechtner's access to
the Clerk of Court's Office is amply justified.
Accordingly, the Court issues the following:
ORDER

1. Fiechtner shall not telephone the Clerk's Office of the District Court for
the District of Montana. All correspondence with the Clerk's Office must be done
in writing. If Fiechtner has good cause to telephone the Clerk of Court's Office,
he may seek an amendment to this order by filing a motion with this Court.
2. Fiechtner will no longer be allowed to physically enter the Clerk of
Court's Office at the Russell Smith Courthouse in Missoula, Montana. He may
present all filings to the Court Security Officers at the entry of the building. The
Court Security Officers will immediately bring all documents submitted by
Fiechtner to the Clerk of Court's Office for processing. In order to obtain a file

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stamped copy of any pleading, Fiechtner must provide a self-addressed stamped
envelope with a copy of the filing (or first page thereof) to be file stamped.
Alternatively, Fiechtner may provide an e-mail address where copies ofthe Notice
of Electronic Filing can be sent.
DATED this 12th day of August. 2014.

lah C. Lynch
. ed States Magistrate Judge

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