rirfriv
il 04/12/2022
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: OP 22-0164
OP 22-0164
DONALD McCUBBINS,
Petitioner, FILED
APR 12 2022
v. Bowan Greenwood
Clerk of Supreme ORDER
Court
State of Montana
JIM SALMONSEN, Warden,
Montana State Prison,
Respondent.
Representing himself, Donald McCubbins has filed a sentence calculation along
with a Petition for Writ of Habeas Corpus, explaining that the Broadwater County District
Court did not award credit for time served on a sentence because the court noted that
McCubbins was a parole violator and that he would receive credit on his prior sentence.
Upon review, we deern it appropriate to require a response to McCubbins's Petition.
Therefore,
IT IS ORDERED that the Attorney General or counsel for the Departrnent 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 of the Suprerne Court is directed to provide a copy of this Order to the
Attorney General; to counsel for the Department of Corrections; and to Petitioner
personally.
DATED this t 2.i4- day of April, 2022.
Justice
McCubbins v. Salmonsen
Combined Opinion