Opinion
DA 22-0027
04-12-2022
ORDER
Before this Court is self-represented Appellant Timothy Longjaw's Motion to Dismiss this Appeal without prejudice.
Longjaw sued State corrections officials for violating his fundamental rights to due process, equal protection, and to protection of his safety and security while incarcerated. The State of Montana sought dismissal because Longjaw had not first submitted his tort claim to the Department of Administration as required by § 2-9-301(1), MCA, or exhausted his remedies for alleged discrimination under the Montana Human Rights Act. See § 49-2-512(1), MCA. The Third Judicial District Court granted the State's motion and dismissed the complaint with prejudice on December 17, 2021. Longjaw appealed that order but now represents that he wants to exhaust his administrative remedies before seeking another appeal. The State filed notice on April 12, 2022, that it has no objection to dismissal of the appeal without prejudice.
IT IS THEREFORE ORDERED that the Longjaw's Motion to Dismiss Appeal is GRANTED. The appeal is DISMISSED without prejudice.
The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel of record and to Timothy Longjaw personally.