GlIGINAL 07/09/2021
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 20-0585
DA 20-0585
FILED
DONNIE LEE STANDLEY,
JUL 09 2021
Bowen Greenwood
Petitioner and Appellant, Clerk of Supreme Court
State of lViontana
v. ORDER
STATE OF MONTANA,
Respondent and Appellee.
Donnie Lee Standley moves this Court for a stay of proceedings, or alternatively,
for a 180-day extension oftime to file his opening briefalong with a request ofappointment
of counsel. Standley appeals a November 24, 2020 Sweet Grass County District Court's
denial of his petition for postconviction relief.
As grounds, Standley explains that he "is waiting for a decision from the federal
district court" in a civil action based on 42 U.S.C. § 1983, alleging restricted access to the
courts. He states that these two proceedings are "inextricably intertwinee because the
limited access hampered his preparation and filing ofa meaningful document in the District
Court. In lieu of not receiving a stay, Standley requests an additional 180 days to file his
brief. He cites to extraordinary circumstances in his request for appointment of counsel.
We decline to impose a stay ofthis appeal. M. R. App. P. 22(4).
Standley is not entitled to appointment ofcounsel in this appeal. In an April 2, 2021
Order, this Court denied his motion for appointment of counsel because he represented
himself in District Court. We observed then that the District Court had also denied his
request for counsel. Nothing has changed in Standley's circumstances here to appoint
counsel. Section 46-8-104, MCA. In that prior Order, this Court gave Standley more than
ninety days to file his opening brief.
Accordingly,
IT IS ORDERED that:
1. Standley's Motion for a Stay ofProceedings is DENIED;
2. Standley's Motion for Appointment of Counsel is DENIED;
3. Standley's Motion for an Extension of Time is GRANTED, and that Standley
shall prepare, file, and serve his opening brief on or before Tuesday, January 18,
2022, as requested.
The Clerk is directed to provide a copy of this Order to counsel of record and to
Donnie Lee Standley.
1/4fS
DATED this day ofJuly, 2021.
For the Court,
By
Chief Justice
2