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Rose v. Mont. Dep't of Corr.

Supreme Court of Montana
Jul 9, 2024
DA 23-0162 (Mont. Jul. 9, 2024)

Opinion

DA 23-0162

07-09-2024

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

Robert L. Rose moves this Court for a stay of this appeal and remand, asserting that he has "new evidence" that should be presented to the Lewis and Clark County District Court. Through counsel, the Montana Department of Corrections (Department) opposes the motion.

Rose appeals a January 9, 2023 Judgment after the District Court granted the Department's Motion to Dismiss Rose's complaint in December 2022. The District Court rejected Rose's claim that as an inmate, he has the right or "stake" to have a say in the prison's visitation and communication policies. Rose explains that since the District Court's decision, he has been recognized as an interested person for the Department's rulemaking notices, and he attaches such notices about amendment of the Department's rules. Rose contends that this information should be presented to the District Court because "the DOC has misled the lower Court and this Court to get a favorable ruling."

The Department points out that Rose confuses rules and rulemaking policies with internal policies and procedures. The Department points out that Rose's "proffered 'new evidence' has no bearing on this matter." The Department states that Rose's original complaint centered around the drafting of the Department's policies and procedures as they related to the state prisons' internal management. The Department reiterates that its rulemaking actions conducted pursuant to the Montana Administrative Procedures Act and its process for drafting internal policies and procedures for the management of state prisons are two distinct and separate processes.

We find the Department's arguments dispositive. Rose is not entitled to a stay or a remand of this appeal. Once briefing has completed, a decision will be issued in due course.

IT IS THEREFORE ORDERED that Rose's Motion for Stay and Remand is DENIED.

The Clerk is directed to provide a copy of this Order to counsel of record and to Robert L. Rose personally.


Summaries of

Rose v. Mont. Dep't of Corr.

Supreme Court of Montana
Jul 9, 2024
DA 23-0162 (Mont. Jul. 9, 2024)
Case details for

Rose v. Mont. Dep't of Corr.

Case Details

Full title:ROBERT L. ROSE, Petitioner and Appellant, v. MONTANA DEPARTMENT OF…

Court:Supreme Court of Montana

Date published: Jul 9, 2024

Citations

DA 23-0162 (Mont. Jul. 9, 2024)