Donald Jackson v. Sergeant Kenneth Jackson; and State of Louisiana through Louisiana Department of Public Safety and Corrections, Dixon Correctional Center

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DONALD JACKSON NO. 2020 CW 1266 VERSUS SERGEANT KENNETH JACKSON, AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND 2021

MARCH 25, CORRECTIONS DIXON CORRECTIONAL CENTER for writs, 20th In Re: Donald Jackson, applying supervisory

Parish of East Feliciana, No.

Judicial District Court,

46105.

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

The trial court correctly applied the WRIT DENIED. written. While we are aware of the applicable statute as the of the statute to equitable concerns raised by application his release from custody, the matter is one relator following the discretion of the legislative branch of that falls within government.

PMC WRC AHP

Whipple and Welch, JJ., dissent and would grant the writ. We would reverse the trial court' s October 28, 2020 order plaintiff' s motion to proceed in forma pauperis and denying

Moreover, because the trial court grant that motion. issued an order which recalled, rescinded, and set incorrectly aside service of process requested by plaintiff and made in this action, we would also grant plaintiff' s motion to lift stay and trial to issue service pursuant to instruct the court plaintiff' s requests made herein.

COURT OF APPEAL, FIRST CIRCUIT

1I DEPUTY LIRK OF COURT

FOR THE COURT