United States District Court, D. Montana, Missoula Division
JOHN F. LANCE, Petitioner,
JAMES SALMONSON; TIM FOX, ATTORNEY GENERAL OF THE STATE OF MONTANA, Respondents.
L. Christensen, Chief Judge
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.
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.
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.)
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.) 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.
support of his motion, Lance has provided the following
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
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 ...