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Lance v. McLean

Supreme Court of Montana

July 10, 2013

JOHN FESLER LANCE, Petitioner,
v.
FOURTH JUDICIAL DISTRICT COURT, HON. EDWARD P. MCLEAN, Presiding, Respondent.

ORDER

Petitioner John Fesler Lance (Lance) has filed a Motion for Time Enlargement to file a petition for rehearing in this cause. This Court issued a June 19, 2013 Order denying Lance a writ of supervisory control. In support of his request for additional time to file a petition for rehearing, Lance asserts that he is presently housed in a "lockdown unit" in Montana State Prison, By way of an October 4, 2012 Memorandum, which is included as an exhibit to his motion, Lance asserts that the Warden imposed restrictions upon the number, frequency, and length of grievances, requests and other communications Lance may initiate. The Memorandum restricts Lance to 30 in-house copies per month, which he claims is insufficient to file for rehearing, but it also details procedures whereby Lance may utilize an outside copying service at his own expense.

In considering this motion for additional time to file a petition for rehearing, we refer to M. R. App. P. 20(2)(c), which states that "[t]he supreme court will grant extensions of time only upon a showing of unusual merit . . . ." (Emphasis added.) In applying this standard to Lance's request, we conclude that this Court properly denied the writ of supervisory control and that Lance has failed to establish that the petition for rehearing he intends to file has "unusual merit." Therefore,

IT IS HEREBY ORDERED that the Motion for Time Enlargement is DENIED.

IT IS FURTHER ORDERED that this file is closed, and the Clerk is directed not to accept any further filings in this cause.

The Clerk is directed to provide a copy hereof to counsel of record, to John Fesler Lance, and to the Fourth Judicial District Court, Hon. Edward P. McLean, presiding.


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