Opinion
OP 22-0295
06-02-2022
DANNY LEE WARNER JR., Petitioner, v. Montana Department of Corrections Respondent.
APPLICATION FOR WRIT OF MANDAMUS
Danny Lee Warner Jr., Pro Se, Hereby petitions this court for an order mandating that the Montana Department of Corrections ("DOC") turn over legal disks that are or should be in their possession, pursuant to MCA 27-26-402 and 201, et. seq.
Mr, Warner received twenty-four disks on September 1, 2021 that pertained to his legal case State v Warner, DC-16-542(B). Aff. ¶3. Mr. Warner had their. in his possession only long enough to determine what they were and that there ware indeed twenty-four disks. id. These disks were numbered by Sam Casey., an employee at the Montana State Prison ("MSP"), then taken into custody by him, Aff. ¶4. Mr Warner did not see the legal disks again until April 14, 2022. Aff.. ¶12. At this time Mr, Warner noted that one of these disks were missing and in it's place was a sticky note that read "#21 legal calls" instead., Aff. ¶13. There is not a single person who has the right to possess or even view these disks except Mr. Warner, id., Yet, somehow this disk was removed from the stack of disks for some reason and something was done with it without Mr. Warner's express permission, none of which is legal, individually or cumulatively.
Upon the attached affidavit, Mr, Warner petitions this court to order the DOC to turn over ALT. legal disks in their possession which belong to him. including., but not limited to, "#21 legal calls." This disk is to be used in Mr. Warner's Appeal to order denying Petition for Post-Conviction Relief. DA 22-0189. As such, Mr. Warner respectfully requests that this court issue a mandate posthaste and without notice or service, as neither are required unless the DOC refuses this mandate. MCA 27-26-204 and 205.