Louisiana Court of Appeal, 2020

Dennis Minor v. Sgt. Jordan and State of Louisiana through Louisiana Department of Public Safety and Corrections Elayn Hunt Correctional Center

Dennis Minor v. Sgt. Jordan and State of Louisiana through Louisiana Department of Public Safety and Corrections Elayn Hunt Correctional Center
Louisiana Court of Appeal · Decided November 9, 2020

Dennis Minor v. Sgt. Jordan and State of Louisiana through Louisiana Department of Public Safety and Corrections Elayn Hunt Correctional Center

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT DENNIS MINOR NO. 2020 CW 0931 VERSUS SGT. JORDAN AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY NOVEMBER 09, 2020 AND CORRECTIONS ELAYN HUNT CORRECTIONAL CENTER

In Re: Sgt. Jordan and the State of Louisiana, through the Department of Public Safety and Corrections, Elayn Hunt Correctional Center, for applying supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 79003.

BEFORE: GUIDRY, MCCLENDON, AND LANIER, JJ.

WRIT GRANTED. Louisiana Revised Statutes 15: 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 Moreover, the district court previously " recalled and rescinded" the service cf process made upon relators/ defendants by its August 21, 2019 Order. Accordingly, the portion of the district court' s July 29, 2020 Order, the reinstating previously -made service of process on defendants/ relators, is vacated.

JMG PMC WIL

COURT OF APPEAL, FIRST CIRCUIT

RDE2UATYCLE FOR THE K OF COURT COURT

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