Leslie Adams v. Captain Thomas Sterling, and State of Louisiana through Louisiana Department of Public Safety and Corrections, Louisiana State Pententiary

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

LESLIE ADAMS NO. 2021 CW 0344 VERSUS CAPTAIN THOMAS STERLING AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND

APRIL 26, 2021 CORRECTIONS, LOUISIANA STATE PENTENTIARY In Re: Captain Thomas Sterling and the State of Louisiana, through the Department of Public Safety and Corrections, Louisiana State Penitentiary, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 23911.

BEFORE: GUIDRY, THERIOT, AND LANIER, JJ.

WRIT GRANTED. La. R. S. 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." The district court recognized the service requested by plaintiff, Leslie Adams, was improper. Accordingly, the portion of the district court' s January 28, 2021 order declaring the plaintiff' s service to be ineffective as being procedurally premature" is vacated, and the motion to rescind service filed by the defendants, Captain Thomas Sterling and the State of Louisiana through Louisiana Department of Public Safety and Corrections, Louisiana State Penitentiary, is granted and said service is rescinded, vacated, and set aside as null ab initio.

JMG MRT WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLE K OF COURT

FOR THE COURT