October 22, 2013
DANIEL JUSTIN CARRELL, Petitioner,
STATE OF MONTANA, Respondent
Daniel Justin Carrell (Carrell) has filed a petition for a writ of mandamus in which he requested credit for 14 days of time served in San Luis Obispo, California pending extradition to Montana on a Yellowstone County warrant. Carrell claims that he is entitled to credit from June 26, 2011, through July 10, 2011, under the provisions of § 46-18-403, MCA.
As a reason for filing this petition, Carrell cites the September 10, 2013, letter from the Thirteenth Judicial District Court, Yellowstone County, (Exhibit "A" to this petition) that informs him that the court will not take any action on the correspondence unless Carrell files a formal pleading. The court instead would lodge the correspondence in the record.
To state a claim for mandamus, a party must show: 1) entitlement to the performance of a clear legal duty by the party against whom the writ is directed; 2) no speedy and adequate legal remedy is available; and 3) the clear legal duty involves the performance of a ministerial act—not a discretionary act. Section 27-26-102, MCA; Smith v. Missoula Co, , 1999 MT 330, ¶ 28, 297 Mont. 368, 992 P.2d 834. Here Carrell requests the performance of a discretionary act for which mandamus is not an appropriate remedy.
IT IS ORDERED that the petition is DENIED.
The Clerk is directed to provide a copy hereof to Daniel Justin Carrell and to counsel of record.