STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT SPATE OF LOUISIANA NO. 2020 KW 0903 VERSUS

WESTLY BROWN NOVEMBER 19, 2020

In Re: Westly Brown, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. unknown.

BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT DENIED. For relator to seek review of the district court clerk' s office refusal to file his pro se pleading, he must first institute civil proceedings at the trial court level for a writ of mandamus against the Clerk of Court. See La. Code Civ. P. arts. 3861 et seq.

JMM AHP

Holdridge, J., dissents and would grant the writ application to order the Washington Parish Clerk to file the pro se petition for a writ of habeas corpus. The Clerk of Court does not have the authority to refuse to file a pleading based on his interpretation of the law.

COURT OF APPEAL, FIRST CIRCUIT

DEPU RK OF COURT FOR THE COURT