# n ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA OP 22-0652

MATTHEW PAUL THIBERT, 

### DEC 0 6 L.
Bowen Greenwood C , Euo
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of Montana Petitioner,

v. MONTANA EIGHTH JUDICIAL DISTRICT COURT, HON. DAVID J. GRUBICH, Presiding. Respondent. ORDER

Self-represented PetitionerMatthewPaulThiberthas filed a Motion for Supervisory Control over the Eighth Judicial District Court, Cascade County, and Judge David J. Grubich. This Court exercises supervisory control in its discretion and on a case-by-case basis. M. R. App. P. 14(3). "This extraordinary remedy can be invoked when the case involves purely legal questions and urgent or emergency factors make the normal appeal process inadequate." State v. Spady, 2015 MT 218, ¶ 11, 380 Mont. 179, 354 P.3d 590 (citations omitted). "The case must meet one ofthree additional criteria: (a) [T]he other court is proceeding under a mistake of law and is causing a gross injustice; (b) [C]onstitutional issues ofstate-wide importance are involved; or (c) [T]he other court has granted or denied a motion for substitution of a judge in a criminal case." Spady, ¶ 11 (quoting M. R. App. P. 14(3)(a)-(c)). Citing to M. R. App. P. 14(3), Thibert contends that the District Court "has been proceeding under a mistake of law causing a gross injustice." He explains that he filed several motions"thathave [been]unanswered and theClerkofDistrictCourt is inviolation ofRULE 55 for not entering the default as admitted by Judge GRUBICH in his orders re: PETITIONERS MOTIONS[.]" (Emphasis in original). Thibert includes a copy of the 12/06/2022

Case Number: OP 22-0652court's order, copies ofthe motions filed in District Court, and a registerofactions forthe

case. He statesthat he filed accompanying briefs in support ofhis motions. This Court reviewed the attached August 16,2021 Order re: Petitioner'sMotionsin Cause No. DDC-16-453(a). We observe that his underlying proceeding is a criminal case and thathisattachedcopyofthe registerofactionsis incomplete. TheDistrictCourtdenied all of Thibert's motions and pointed out that default is improper under Rule 55. The Montana Rules of Civil Procedure do not apply in criminal cases. Upon review of this Court's docket, Thibert appealed this Order in September 2021. See Thibert v. State of Montana, No. DA 21-0440. Thibert raised the same arguments then. We dismissed his underlying appeal sua sponte because the "District Court has not had an opportunity to issue a decision on Thibert'spetition for postconviction relief[filed prior toThibert's nine motions]." Thibert v. State, No. DA 21-0440, Order at 2 (Mont. Oct. 26, 2021). We instructed Thibert then to seek an appeal ofthe District Court's finaljudgment concerning his petition for postconviction relief. We conclude that Thibert is not entitled to a writ ofsupervisory control over the District Court. M. R. App. P. 14(3). His arguments are without merit. Accordingly, IT IS ORDERED that Thibert's "Motion for Supervisory Control" is DENIED and DISMISSED. IT IS FURTHER ORDERED that this matter is CLOSED as ofthis Order's date. The Clerk ofthe Supreme Court is directed to provide a copy ofthis Order to: the Honorable David J. Grubich, Eighth Judicial District Court; Tina Henry, Clerk of District Court, Cascade County, under Cause No. DDC-16-453(a); counsel ofrecord; and Matthew Paul Thibert personally DATED this .6 day ofDecember, 2022.

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Justices

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