Opinion
DA 23-0512
01-30-2024
RICHARD E. SHREVES, Plaintiff and Appellant, v. MONTANA DEPT. OF LABOR and INDUSTRY, CORRECTIONAL HEALTH CARE REVIEW PANEL, MONTANA DEPARTMENT OF CORRECTIONS and PAUL REES, Respondents and Appellees.
ORDER
Richard E. Shreves moves this Court for "a stay, injunction, or other appropriate relief' in his appeal of the First Judicial District Court's dismissal of Shreves's civil action in Lewis and Clark County. The Appellees object to a stay or injunction, but do not object to a reasonable extension for Shreves to file an opening brief.
On December 18, 2023, this Court issued an Order directing Shreves to file his opening brief on or before January 15, 2024, because no brief had been filed since the receipt of the District Court record on November 6. 2023. We warned Shreves that if he failed to file his brief, this Court would dismiss his appeal with prejudice and without further notice.
Shreves asks for a delay in this appeal because of his placement in an out-of-state prison. He knows that his opening brief was due on January 15, 2024; however, he filed this motion to explain his situation. Shreves points out that he has been in an Idaho facility since July 28,2023, and that he has no access to documents or Montana caselaw. He asserts that "[t]his Court has the means to enter an injunction or stay to address this issue rather than dismiss the appeal and Shreves [asks] that it do so."
The Montana Rules of Appellate Procedure require that a party must first seek a stay in District Court. M. R. App. P. 22(1)(a) and 22(2). A stay does not apply here because Shreves seeks to forestall his appeal, pending access to legal materials. M. R. App. P. 14(2) allows the Court to entertain a petition for writ of injunction as an original proceeding, not a direct appeal, such as Shreves has.
In the alternative, the Court will allow Shreves additional time to file his opening brief.
IT IS THEREFORE ORDERED that Shreves's motion for a stay, injunction, or other appropriate relief is DENIED.
IT IS FURTHER ORDERED that Shreves shall prepare, file, and serve his opening brief on or before April 15, 2024. If further extension is not timely requested and granted, failure to file the brief will result in dismissal of the appeal without further notice.
The Clerk is directed to provide a copy of this Order to counsel of record and to Richard E. Shreves personally.