ORIGINAL 02/17/2023

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 23-0112

OP 23-0112

JOHN BRYCE NEWKIRK, FILED FEB 11 2023 Petitioner, BOVVe fl ,a.rivvr,•CCi ClerX of Supreme Court Stata of Montana v. JAMES SALMONSEN, Warden, ORDER Montana State Prison, MONTANA DEPARTMENT OF CORRECTIONS, Respondents.

John Bryce Newkirk, via counsel, has filed a Petition for Writ of Habeas Corpus, asserting that he is entitled to a hearing on medical parole by the Montana Board of Pardons and Parole (Board) pursuant to § 46-23-210, MCA. Newkirk has also filed supplemental documents, including a District Court Order Denying Motion for Order Approving Defendant for Medical Parole, the Board's letter denying him a hearing, and medical records. Upon review of his Petition and attachments, we deem it appropriate to require a response. Therefore, IT IS ORDERED that that the Attorney General or counsel for the Department of Correction is GRANTED thirty days from the date of this Order in which to prepare, file, and serve a written response to the petition for a writ of habeas corpus together with appropriate documentary exhibits.

The Clerk is directed to provide a copy of this Order to all counsel of record.

DATED this /707 day of February, 2023.

Justice