TRACEY R. GODFREY, Plaintiff and Appellant,
TWENTY-FIRST JUDICIAL DISTRICT COURT Respondent and Appellee.
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
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
IT IS ORDERED that Godfrey's appeal is DISMISSED WITH
Clerk is directed to provide a copy of this Order to counsel
of record ...