Opinion
DA 22-0271
06-07-2022
JACOB SMITH, Plaintiff and Appellant, v. MELISSA BROCH/MARIAH EASTMAN, MIKE KAKUK, ANDY BRUENER, ERIN INMAN, KEVIN VAINIO, SAM HARRIS, BRENDA WAHLER, DAN MILLER, LISA LECKIE, FALLON STANTON, ALLISON COLLINS, STATE OF MONTANA, and KATIE JERSTAD, Defendants and Appellees.
ORDER
Self-represented Petitioner Jacob Smith has filed an unverified Petition for Out-of-Time Appeal and includes a copy of a final judgment.
As grounds, Smith provides that "Corecivic Correctional Center continues to refuse to honor purchased copy cards and has repeatedly deprived Smith of a typewriter." He includes copies of his purchased copy cards. Smith concludes that he has been denied the right to access the courts.
M. R. App. P. 4(6) allows this Court to grant an out-of-time appeal "[i]n the infrequent harsh case and under extraordinary circumstances amounting to a gross miscarriage of justice[.]" "Extraordinary circumstances do not include mere mistake, inadvertence, or excusable neglect." M. R. App. P. 4(6).
Smith seeks to appeal a February 15, 2022 Order on Motion to Dismiss, issued in the First Judicial District Court, Lewis and Clark County, where the District Court dismissed Smith's civil complaint. The court stated that in August 2018, Smith commenced his complaint against several individuals involved in Smith's criminal case for his felony endangering the welfare of children that was later dismissed, pursuant to a global plea agreement. The court pointed out that the named individual defendants were his former counsel, prosecuting attorneys, and a therapist. Smith failed to serve all defendants, except Defendant Sam Harris, who moved to dismiss the case, pursuant to M. R. Civ. P. 12(b)(6). Smith did not file a response brief, and instead, he moved for a stay. The court's February 2022 Order dismissed Smith's complaint for failure to state a claim.
We conclude that Smith has not established extraordinary circumstances, amounting to a gross miscarriage of justice. M. R. App. P. 4(6). We grant self-represented litigants a certain amount of latitude, but "that latitude cannot be so wide as to prejudice the other party[.]" First Bank (N.A.)-Billings v. Heidema, 219 Mont. 373, 376, 711 P.2d 1384, 1385 (1986). Smith failed to prosecute his case in the District Court, and several months have elapsed since the court's entry of judgment. Therefore, IT IS ORDERED that Smith's Petition for an Out-of-Time Appeal is DENIED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel of record and to Jacob Smith personally.