September 12, 2013
LONNY JENSEN, Petitioner,
STATE OF MONTANA, Respondent.
Representing himself here, Lonny Jensen has filed a Petition for a Writ of Habeas Corpus, a motion for leave to proceed without paying the filing fee and a motion for appointment of counsel. He states that he is incarcerated and lacks the resources to pay the filing fee. Good cause having been shown,
IT IS ORDERED:
1. Leave to proceed without paying the filing fee is GRANTED,
2. The Attorney General and/or Department of Corrections is granted 30 days from the date of this Order within which to prepare, file and serve a written response to the petition, with documentary exhibits and a legal memorandum.
The motion for appointment of counsel is DENIED. Jensen has failed make the requisite showing that it is likely that his sentence is illegal and will be shortened or terminated should habeas relief be granted. Dyer v. Mahoney, 2008 MT 117, ¶ 6, 342 Mont. 495, 182P.3d737.
The Clerk is directed to provide a copy of this Order to counsel of record and to Lonny Jensen.