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Hall v. Kirkegard

Supreme Court of Montana

January 22, 2014

STACY G. HALL, Petitioner,
v.
LEROY KIRKEGARD, Respondent.

ORDER

Petitioner Stacy G. Hall (Hall) has filed an application and affidavit asking that we suspend M. R. App. P. 20(2) to allow him to file an untimely petition for rehearing from our December 17, 2013 Order denying Hall's petition for writ of mandate.

Hall is incarcerated in Montana State Prison. He claims that he has been housed in isolation which has caused a delay in receiving his mail, that he lacked access to legal resources, and that the Department of Corrections misrepresented facts in the Response filed on December 2, 2013.

We denied Hall's petition based upon his failure to present a prima facie case. Rehearing would not resurrect the claim for the reason that there is no relief available to Hall by way of mandamus. We must therefore decline Hall's invitation to suspend our Court rules.

IT IS ORDERED that Hall's request for suspension of the Rules is DENIED.

The Clerk is directed to provide a copy hereof to counsel of record and to Stacy G. Hall.


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