Shreves v. MT Dept. Labor ( 2023 )

,ORIGINAL 09/26/2023 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0512 DA 23-0512 FilLEn RICHARD E. SHREVES, SEP 2 6 2023 ClEirkovven Grmenwood Plaintiff and Appellant, estaotef S oi;% Crria onterFourt v. ORDER MONTANA DEPT. OF LABOR & INDUSTRY and MONTANA DEPARTMENT OF CORRECTIONS, Respondent and Appellee. On his own behalf, Richard E. Shreves petitions this Court for an out-of-time appeal and moves for appointment of counsel. Shreves states that he is incarcerated and was moved to Idaho in late July. He explains that the First Judicial District Court, Lewis and Clark County, entered an order on July 28, 2023, and that he did not learn about the final judgment until August 31, 2023. To support his request of counsel, Shreves adds that, due to his recent placement, he is without access to case law, typewriter, or research to prosecute his appeal. M. R. App. P. 4(6) allows this Court to grant an out-of-time appeal "[i]n the infrequent harsh case and under extraordinary circumstances arnounting to a gross miscarriage of justicery Upon review, this Court observes that Shreves's appeal is tirnely. The District Court entered a final judgment in the civil case on July 28, 2023. The State of Montana Department of Labor and Industry and the Department of Corrections each filed Notice of Entry of Judgment on August 1, 2023, according to the register of actions, secured from the District Court. Because the State of Montana is a party to Shreves's proceeding, Shreves has sixty, not thirty, days to file a tirnely Notice of Appeal. M. R. App. P. 4(5)(a)(i). ShreVes's appeal may proceed. Shreves, however, is not entitled to appointment of counsel in this appeal. There is no right to appointment of counsel in civil cases under Montana-law. We point out that Shreves represented himself in the District Court. IT IS THEREFORE ORDERED that Shreves's timely appeal shall proceed under the above Cause Number. Shreves shall prepare, file, and serve a Notice of Appeal on or before Tuesday, October 24, 2023. IT IS FURTHER ORDERED that Shreves's Motion for Appointment of Counsel is DENIED. The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel of redord and to Richard E. Shreves along with a copy of this CourCs Appellate Handbook. , DATED this C6 'day of September, 2023. 2