Bell v. Salmonsen
Bell v. Salmonsen
Opinion
04/23/2024 EIGINAL \ IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 24-0221
OP 24-0221 ALEC SEAN MICHAEL BELL, APR 2 3 2024 Bowen Greenwood Petitioner, Clerk of Supreme Court State of Montana
v. ORDER JIM SALMONSEN, Warden, Montana State Prison, Respondent.
Representing himself, Sean Michael Bell has filed a "Petition For Mont. Const. Art. II § 22 Relieffl" with this Court. In three, handwritten sentences, Bell requests that this Court "Order the Prison to Shur off the speaker in his cell wall because the sepeaker is not allowing him to sleep. He alleges cruel and unusual punishment and represents that he has asked the prison staff to turn the speaker off.
Bell's remedy is not with this Court. This Court may exercise its original jurisdiction over writs "commenced . . . to obtain writs of habeas corpus, injunction, review or certiorari, mandate, quo warranto, and other remedial writs or orders," and "conducted in the manner prescribed by the applicable sections of the Montana Code Annotated for the conduct of such or analogous proceedings and by these rules." M. R. App. P. 14(2). Bell has not presented a request for any type of viable writ upon which this Court may exercise its original jurisdiction. M. R. App. P. 14(1).
Bell's remedy is with the Montana State Prison. He should avail himself of the Department of Corrections policies, such as submitting an Offender/Staff Request form under DOC Policy 3.3.5 or filing a grievance under DOC Policy 3.3.3, conceming the use or volume of the speaker in his cell wall. Bell should seek relief through these administrative policies.
Bell's request for relief is not cognizable under any extraordinary relief, pursuant to M. R. App. P. 14(2). Therefore, IT IS ORDERED that Bell's Petition For Mont. Const. Art. II § 22 Relief is DISMISSED.
IT IS FURTHER ORDERED that this matter is CLOSED as of the Order's date.
The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel of record and to Sean Mic ael Bell.
DATED this of April, 2024.
Chief Justice
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