Louisiana Court of Appeal, 2025

Jacobie Green Versus Jefferson Parish Clerk of Court State of Louisiana

Jacobie Green Versus Jefferson Parish Clerk of Court State of Louisiana
Louisiana Court of Appeal · Decided January 10, 2025 · Stephen C. Grefer

Jacobie Green Versus Jefferson Parish Clerk of Court State of Louisiana

Opinion

JACOBIE GREEN NO. 24-C-514 VERSUS FIFTH CIRCUIT JEFFERSON PARISH CLERK OF COURT COURT OF APPEAL STATE OF LOUISIANA STATE OF LOUISIANA

January 10, 2025 Linda Wiseman First Deputy Clerk

IN RE JACOBIE GREEN APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C.

GREFER, DIVISION "J", NUMBER 843-270

Panel composed of Judges Fredericka Homberg Wicker, Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED Petitioner comes before this Court for a second time on this matter. This matter arises out of a request under the Public Records Act (La. R.S. 44:1) made to both the Clerk of Court and the District Attorney. This Court dismissed Mr. Green’s first appeal, finding that, while on appeal Mr. Green complained of the Clerk of Court’s failure to provide requested documents, the judgment at issue dismissed Mr. Green’s case as to the District Attorney only, leaving the Clerk of Court as a litigant in the underlying mandamus action at the trial court, with no action taken by that court with regard to Mr. Green’s claims as to the Clerk of Court. This Court found it simply had no judgment to review. Jacobie Green v. Paul D. Connick, Jr. District Attorney for the Parish of Jefferson et al., No. 23-CA-582 (La. App. 5 Cir. 9/15/24).

Upon our current re-review of the official record, we find that neither Mr. Green nor the Clerk of Court has taken any action in the underlying mandamus action since September 25, 2024, when this Court issued its opinion dismissing Mr. 24-C-514 Green’s first appeal. The underlying mandamus action against the Clerk of Court (Jacobie Green v. Jefferson Parish Clerk of Court, 24th JDC Docket No. 843-270) remains pending in the trial court. Again, with no action taken by the trial court in the pending mandamus action addressed to the Clerk of Court, we have nothing to review. Petitioner remains free to take all actions related to the Clerk of Court, as permitted by the Louisiana Code of Civil Procedure, in the pending mandamus case below.

Accordingly, for the reasons stated above, the Motion to Compel Answer in the 24th Judicial District Court, No. 843-270, etc., filed herein by Mr. Green is DENIED.

Gretna, Louisiana, this 10th day of January, 2025.

FHW SUS TSM

SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL 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 01/10/2025 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:

24-C-514 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen C. Grefer (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Jacobie Green (Relator) Louisiana State Penitentiary Angola, LA 70712

Case-law data current through December 31, 2025. Source: CourtListener bulk data.