Opinion
DA 21-0425
10-07-2022
JAY DONALD WITKOWSKI, Petitioner and Appellant, v. STATE OF MONTANA, Respondent and Appellee.
ORDER
Self-represented Appellant Jay Donald Witkowski moves this Court to compel the Valley County District Court to provide him "access to the video from jail attempted escape in august 2017 (24th [he believes]) and have a copy sent to [him] or to [his] family
Witkowski appeals a June 10, 2021 Valley County District Court Order to Dismiss Petitioner's Petition for Post Conviction Relief.
More than five years later, Witkowski cannot seek other information, such as a video, through this motion. Witkowski's motion is not properly before this Court because this Court does not entertain motions to compel. See M. R. Civ. P. 37. We presently have jurisdiction over Witkowski's pending appeal. This Court is an appellate court of review, which means that we review the District Court record and written briefs. Accordingly, IT IS ORDERED that Wtikowski's Motion to Compel is DENIED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel of record and to Jay Donald Witkowski personally.