Opinion
DA 23-0456
11-06-2023
STATE OF MONTANA, Plaintiff and Appellee, v. ANTHONY SCOTT CHARLIE, Defendant and Appellant.
ORDER
Self-represented Appellant Anthony Scott Charlie moves for a four-month extension of time to file his opening brief because he does not know about the status of transcripts that he has requested from the Missoula County District Court. He explains that ' he is placed at the Martz Diagnostic Intake Unit at the Montana State Prison and that he has not received any copy of the transcripts that he requested in his August 21,2023 Notice of Appeal.
Upon review of our docket sheet, this Court received the District Court record on October 2, 2023. This Court, however, has not received any transcripts. We observe that the register of actions reflects that the Court Reporter received an extension of time to prepare the transcripts on the day the record was sent. The court's order is now filed here, and the court reporter has until November 11, 2023, to prepare the transcripts. Given that the record is not complete, Charlie's motion is premature. Therefore, IT IS ORDERED that Charlie's Motion for Extension of Time is DENIED. When Charlie receives a Notice that this Court has received the transcripts, then his opening brief will be due within thirty days from that date. M. R. App. P. 13(1). Charlie may file another motion for an extension of time after the receipt of the transcripts.
The Clerk is directed to provide this Order to counsel of record and to Anthony Scott Charlie along with a copy of this Court's Civil Appellate Handbook.