No. 91-461

IN THE SUPREME COURT OF THE STATE O F MONTANA

RENE' DUBAY, DIRECTOR, EDUCATION TALENT SEARCH PROJECT, MONTANA STATE UNIVERSITY SYSTEM, Respondent and Respondent.

APPEAL FROM: District Court of the Sixteenth Judicial ~istrict, In and for the County of Rosebud, The Honorable Joe L. Hegel, Judge presiding.

COUNSEL OF RECORD: For Appellant: Robert McLean, Pro Se, Lame Deer, Montana. For Respondent: LeRoy H, Schramm, Montana University System, Helena, Montana.

Submitted on Briefs: December 4, 1991 Decided: January 2 3 : 1992 Filed: Chief Justice J, A. Turnage delivered the Opinion of the Court. Robert McLean, Jr. (McLean) appeals a memorandum and order of the Sixteenth Judicial District, Rosebud County, which dismissed his action under Rule 2 of the Montana Uniform District Court Rules. We affirm, The sole issue presented on appeal is whether the District Court properly dismissed McLean's action under Rule 2 of the Montana Uniform District Court Rules. Following a review of the record, we hold that the District Court properly dismissed this action under Rule 2 of the Montana Uniform District Court Rules based on McLean's failure to timely file an answer brief to Respondent's motion to dismiss with supporting brief. Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Operating Rules, this decision shall not be cited as precedent and shall be published by its filing as a public document with the

Publishing Company.

We concur: January 23, 1992

CERTIFICATE OF SERVICE

T hereby certify that the following order was sent by United States mail. prepaid, to the following named:

Robert M c k a n P.O. Box 210 Lame Deer, MT 59033

LEROY H. SCNRAblXl Montana University System 33 South Last Chance Gulch Helena, MT 59620

ED SMITH CLERK OF THE SUPREME COURT STATE OF MONTANA