ORIGINAL 10/23/2024

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 24-0585

OP 24-0585 FILED SEAN OWENS SHAMBLIN, OCT 2 3 2024 E3ovven Graenw000 Petitioner, Clerk of Supreme Co Stetter of MontanA url

v. ORDER MISSOULA COUNTY JUSTICE COURT OF RECORD, Respondent.

On his own behalf, Sean Owens Shamblin has filed a Petition for Writ of Supervisory Control over the Missoula County Justice Court, alleging that "[t]he sentencing conditions imposed on Petitioner's noncriminal, speeding violation illegally restrain his liberty." This Court observes that Shamblin's Petition, while captioned as a writ of supervisory control, requests relief either under a writ of habeas corpus, or alternatively, a writ of supervisory control. Shamblin puts forth that a "writ of habeas corpus is necessary because without immediate intervention Petitioner will be forced to complete the conditions therefore, restricting his liberty illegally." Shamblin alternatively requests a writ of supervisory control because "he will suffer a gross misjustice[,]" if he were forced to complete the "illegal" sentence.

This Court further observes that Shamblin has an appeal pending with this Court of the same sentencing conditions he challenges now. On September 3, 2024, Shamblin appealed the Justice Court's decision, and the Missoula County District Court affirmed, remanding the proceeding to the Justice Court on August 22, 2024. This District Court Order is the basis of Shamblin's appeal here. State v. Shamblin, No. DA 24-0522.

Shamblin's remedy for relief is with his appeal. Without reaching the merits, we must dismiss this writ. M. R. App. P. 14(3). Therefore, IT IS ORDERED that Shamblin's Petition for Writ of Habeas Corpus, or alternatively, Writ of Supervisory Control, is DISMISSED, without prejudice.

IT IS FURTHER ORDERED that this matter is CLOSED as of this Order's date.

The Clerk is directed to provide a copy of this Order to counsel of record and to Sean Owens Shamblin along with a copy of this Court's Appellate Handbook.

4 .i_e-ct DATED this 0-4. day of October, 2024.