Opinion
DA 23-0162
06-13-2023
ROBERT L. ROSE, Petitioner and Appellant, v. MONTANA DEPARTMENT OF CORRECTIONS, BRIAN GOOTKIN, Director; and. JAMES SALMONSEN, Warden of Montana State Prison, Respondents and Appellees.
ORDER
Counsel for Appellees Montana Department of Corrections, Director Brian Gootkin, and Warden James Salmonsen (the "Department") filed a Notice, seeking removal of the mandatory appellate mediation requirement because self-represented Appellant Robert L. Rose's appeal does not qualify for mediation. On May 26, 2023, this Court issued an Order, stating that "this appeal is NOT subject to mandatory appellate alternative resolution," pursuant to M. R. App. P. 7 and relieved the appointment of the mediator in this appeal. (Emphasis in original).
The Department explained that while Rose asserted money damages over $5,000.00, as being sought in the initial claims, he is not entitled to seek money damages under Montana Code Annotated's Title 2, chapter 3, parts 1 and 2. On June 5, 2023, Rose filed a response in opposition that the Department's Notice is not authorized by the appellate rules. He states that his "mediator appointment is not contrary to applicable law" because he "has never claimed less than $5,000.00 for money damages ...."
Rose's response is not well-taken because his arguments lack merit. Rose appeals a January 9, 2023 Judgment that dismissed his underlying matter, concerning his claims brought forth under §§ 2-3-101, and 2-3-212, MCA. M. R. App. P. 7(2)(a)-(c) provides that only certain appeals are subject to mandatory appellate alternative dispute resolution. Fhe appeals subject to the rule include: Workers' compensation. Domestic relations, and Money judgments. M. R. App. P. 7(2)(a)-(c). Rose does not present a money judgment. His appeal is not subject to this rule for mandatory appellate mediation, and his response does not change the outcome.
This Court reminds Rose that his opening brief is due on or before July 25, 2023. after receiving an extension of time and due to his failure to file the brief timely on April 14. 2023, after this Court received the record. Therefore, IT IS ORDERED that Rose's Response to Appellee's Notice is DISMISSED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel of record and to Robert L. Rose personally.