Opinion
OP 23-0282
07-11-2023
ALEX CHRISTOPHER SMITH, Petitioner, v. PETER BLUDWORTH. Warden, Crossroads Correctional Center, Respondent.
ORDER
Alex Christopher Smith moves this Court to issue a certificate of reasonable doubt and to fix bail pending appeal in this original proceeding. Smith is currently incarcerated at the Crossroads Correctional Center in Shelby, Montana.
This Court has previously issued an order in this proceeding. On June 13. 2023, this Court denied his Petition for Writ of Habeas Corpus because his claims were not viable via this remedy. We stated then that "A writ of habeas corpus is not the vehicle to bypass a pending proceeding for postconviction relief."
Smith's motion is improper. He has no appeal pending with this Court. His other three writ matters have been closed, and this matter will be closed soon. Smith needs to refrain from litigating his postconviction proceeding in this Court. Therefore, IT IS ORDERED that Smith's Motion to Issue a Certificate of Reasonable Doubt and Fix Bail Pending Appeal is DISMISSED as moot.
IT IS FURTHER ORDERED that this matter is CLOSED as of this Order's date.