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Braun v. Gallatin County

Supreme Court of Montana

September 4, 2013

DAVID STEVEN BRAUN, Petitioner,
v.
GALLATIN COUNTY, STATE OF MONTANA, Respondent.

ORDER

Petitioner David Steven Braun, appearing as a self represented litigant (Braun), has by letter requested that this Court exercise supervisory control over the Respondent District Court. He appears to be seeking relief from an order entered by the District Court in a case he filed against Gallatin County and the State of Montana. On motion of both defendants, the District Court dismissed Braun's complaint with prejudice. The court stated that the basis and grounds for Braun's claims set forth in his amended complaint were "indiscernible, " and that his complaint failed to state any claims against either the County or the State upon which the court could grant relief. The court further noted that the defendants had filed motions to dismiss in late May and early June 2013, and that as of August 22, 2013, Braun had failed to file any response to the motions. Dismissal with prejudice was therefore appropriate.

Braun's request for relief in this Court is vague and confusing. Supervisory control is an extraordinary remedy which will be exercised by this Court only when a purely legal question is presented, and the other court is proceeding under mistake of law and causing a gross injustice. M. R. App. P. 14(3). Neither condition of the Rule is met here. Braun presents a jumble of factual allegations and no legal question, and we cannot conclude that the District Court was proceeding under mistake of law or causing a gross injustice by dismissing his complaint. Therefore,

IT IS HEREBY ORDERED that Braun's application for writ of supervisory control is DENIED.

The Clerk is directed to provide a copy of this Order to Braun at his last known address, to the Office of the Gallatin County Attorney, to Pamela Snyder-Varns, counsel for the State of Montana, and to the Respondent Montana Eighteenth Judicial District Court.


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