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Godfrey v. Twenty-First Judicial District Court

Supreme Court of Montana

January 10, 2017

TRACEY R. GODFREY, Plaintiff and Appellant,
v.
TWENTY-FIRST JUDICIAL DISTRICT COURT Respondent and Appellee.

          ORDER

         Tracey R. Godfrey, acting pro se, filed a motion to proceed with a civil lawsuit without paying a filing fee. In the civil lawsuit he intended to bring, Godfrey sought millions of dollars in damages stemming from what he alleged was his unlawful imprisonment and unconstitutional sentence arising from his conviction of sexual assault. The Twenty-First Judicial District Court, Ravalli County, relying on previous orders from this Court, denied the motion on August 29, 2016. Godfrey appeals, again claiming his 2013 prison sentence is illegal and in violation of the Montana and United States Constitutions.

         Since 2013, Godfrey has filed eleven writ petitions challenging his 2013 sentence. Each petition was denied or dismissed and Godfrey's sentence was declared a legal sentence. In our Order of August 12, 2015, we cautioned Godfrey that his repeated and successive filings could result in the Court barring him from filing further petitions. Godfrey v. Kirkegard, OP 15-0451. In our December 29, 2015 Order, we set forth a specific procedure by which Godfrey may be allowed to proceed with further challenges to his 2013 sentence, Godfrey v. Kirkegard, OP 15-0789. Godfrey, nonetheless, failed to heed our cautions or comply with our required procedures. Accordingly, the District Court did not err in denying his motion. Godfrey has exhausted his options to challenge his 2013 sentence. Any further filings will be summarily dismissed.

         Therefore, IT IS ORDERED that Godfrey's appeal is DISMISSED WITH PREJUDICE.

         The Clerk is directed to provide a copy of this Order to counsel of record ...


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