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Minnifee — magistrate judge recommends denying leave to file and imposing $100 sanction

Reported / Citable

Case
Barry D. Minnifee
Court
U.S. District Court — Southern District of Texas
Judge
Dena Hanovice Palermo
Date Decided
September 21, 2026
Docket No.
4:11-mc-00436
Topics
vexatious litigation; filing restrictions; sanctions

Background

Barry D. Minnifee was subject to a 2015 preclusion order because of a history of frivolous filings. The order bars him from filing further actions in the Southern District of Texas without first obtaining permission from a United States district or magistrate judge.

Proceeding pro se, Minnifee submitted a letter on April 21, 2026. The assigned district judge referred the matter to Magistrate Judge Dena Hanovice Palermo.

The Court’s Holding

Magistrate Judge Palermo recommended denying Minnifee’s letter motion to the extent it sought permission to file a new action. The report found the letter barely legible and nonsensical and concluded that it identified neither a basis for a federal lawsuit nor grounds showing that Minnifee had obtained, or was entitled to, leave to file.

The magistrate judge also recommended a $100 sanction, payable to the district clerk by certified check or money order. The report advised the parties that they had fourteen days to object.

Key Takeaways

  • The filing preclusion order remained in force.
  • A proposed filing must provide a discernible federal basis and show entitlement to leave under the preclusion order.
  • The September 21 document is a report and recommendation, not a final district-court ruling.

Why It Matters

The recommendation illustrates enforcement of a prefiling restriction against a litigant with a record of frivolous filings. It also underscores that a vague or unintelligible submission will not satisfy a litigant’s obligation to obtain leave before commencing a new action.

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