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Lance v. Salmonson

United States District Court, D. Montana, Missoula Division

December 21, 2018

JOHN F. LANCE, Petitioner,
v.
JAMES SALMONSON; TIM FOX, ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents.

          ORDER

          Dana L. Christensen, Chief Judge

         This matter is before the Court on John F. Lance's "Motion for Relief from Judgments Due to Newly Discovered Evidence Delayed By [Montana State Prison] Property Office Interventions" filed in both of the above-referenced matters. Lance asks this Court to reconsider its prior orders denying him habeas corpus relief.

         On June 19, 2018, Lance filed a Petition for a Writ of Habeas Corpus in Cause No. CV 18-113-M-DLC. On June 26, 2018, Magistrate Judge Lynch entered Findings and Recommendations which recommended Lance's petition be denied on its merits. (Doc. 5.) Lance timely filed two sets of objections, as well as a supplement, to Magistrate Lynch's recommendation. (Docs. 7, 9, and 10.) On September 11, 2018, this Court adopted Magistrate Lynch's recommendation in full. (Doc. 11.)

         In Cause No. CV 18-114-M-DLC, Lance filed a habeas petition raising similar claims. Judge Lynch also recommended denial of this petition for lack of merit. (Doc. 5.) Lance filed two sets of objections and two supplements to his objections. (Docs. 7, 9, 10, and 11.) On September 19, 2018, this Court adopted the Magistrate's Findings and Recommendations in full. (Doc. 12.)

         In Lance's Motion for Relief from Judgment, he explains that prison officials went through several boxes of his legal records and shuffled his papers, which date back to the 1970's. Due to this mix-up, Lance was unable to provide all of the documentation and legal records that he wished to originally provide to the Court. (Doc. 13 at l-2.)[1] Lance believes the additional materials must be considered in order to achieve an accurate understanding of the procedural posture of his state court litigation. It appears Lance believes these documents constitute "newly discovered evidence" and that his delay in locating them amounts to excusable neglect. Id.

         In support of his motion, Lance has provided the following documentation:

i. 153-page document entitled "Supplemental Petition Objections" (Doc. 13-1);
ii. a transcript of an order of protection hearing held on 4/28/14 before the Hon. Judge Langton, in Ravalli County District Court (13-2 at 1-14);
iii. document prepared by Lance entitled, "Forty-seven Constitutional Torts Comprising 'Due Process' Deprivations Associated with Entry of Marriage Dissolution 'Decree' in Lance v. Lance, DR-79-136 in 1979" (Mat 15-23);
iv. Lance's Answer to a Temporary Order of Protection filed in the Ravalli County Justice Court on 3/31/2014 (Id. at 24-45; 69);
v. Montana Supreme Court opinion, Kahle v. Smithers, 225 Mont. 452, 733 P.2d 844 (1987) (Id. at 46-51);
vi. Legal research provided by Lance regarding void judgments, color of title, jurisdictional issues, Montana state statutes and case law, the Montana Rules of Civil Procedure, and various legal definitions (Id. at 52-58; 60-65);
vii. 8/30/2012 letter from the Missoula County Clerk of District Court regarding lack of record on the 8/1/79 Execution of Writ for "Nitehawk Ranch" (Id. at 59);
viii. 10/21/81 Order directing Sheriff to sign the money receipt and agreement to sell and ...

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