STATE EX REL. KESTON MIMMITT NO. 21-KH-206 VERSUS FIFTH CIRCUIT 24TH JUDICIAL DISTRICT COURT, FOR THE COURT OF APPEAL PARISH OF JEFFERSON, STATE OF LOUISIANA STATE OF LOUISIANA

May 04, 2021 **CONFIDENTIAL** LSA-RS 46:1844(W) ATTORNEYS OF RECORD Susan Buchholz ONLY First Deputy Clerk

IN RE KESTON MIMMITT APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NANCY A. MILLER, DIVISION "I", NUMBER 18-546

Panel composed of Judges Susan M. Chehardy, Robert A. Chaisson, and Stephen J. Windhorst WRIT OF MANDAMUS GRANTED In his writ application requesting mandamus relief, relator, Keston Mimmitt, alleges that the district court has failed to act on his application for post-conviction relief filed in the district court which he allegedly mailed to the district court on December 7, 2020. Our review of the official court record reflects that relator’s application for post-conviction relief was filed in the district court on December 22, 2020, that the district court issued an order on January 12, 2021, for the State to file a response, and that the State filed its response on February 24, 2021. Since that time, it appears that no further action has been taken in this case.

Accordingly, we grant relator’s request for mandamus relief and order the district court to rule upon relator’s application for post-conviction relief within fifteen days of this order, if it has not already done so. The district court is further ordered to provide a copy of its ruling to relator and to this Court.

Gretna, Louisiana, this 4th day of May, 2021.

RAC SMC SJW

21-KH-206 SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 05/04/2021 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

21-KH-206 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Nancy A. Miller (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Keston Mimmitt #465086 (Relator) Raymond Laborde Correctional Center 1630 Prison Road Cottonport, LA 71327