STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT RICHARD DAVIS NO. 2020 CW 1083 VERSUS

WARDEN DARRYL VANNOY; AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND DECEMBER 21, 2020 CORRECTIONS LOUISIANA STATE PENITENTIARY

In Re: Warden Darryl Vannoy and the State of Louisiana, through the Department Public of Safety and Corrections, Louisiana State Penitentiary, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 23799.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT GRANTED. Louisiana Revised Statute 13: 1186( B)( 2)( a) provides "[ t] he order granting a prisoner' s request to proceed in forma pauperis automatically stays all proceedings, including any service of process, until all costs of court or fees due the clerk by the prisoner in [ the] matter are paid." Moreover, the district court previously recalled, rescinded and set aside as null ab initio the prior services issued to defendants pursuant to its April 9, 2020 order. Accordingly, the portion of the district court' s September 23, 2020 judgment which ordered ail time delays to run from the order lifting stay is vacated.

VGW JEW WRC

COURT OF APPEAL, FIRST CIRCUIT

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