Opinion
No. 2010 CA 0332.
September 10, 2010.
ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT COURT NUMBER 582, 620, SECTION 26, PARISH OF EAST BATON ROUGE STATE OF LOUISIANA HONORABLE KAY BATES, JUDGE.
Michel Dixon, Pine Prairie, Louisiana, Plaintiff-Appellant Pro Se.
William Kline, Baton Rouge, Louisiana, Counsel for Defendant-Appellee Louisiana Department of Public, Safety and Corrections.
BEFORE: PARRO, KUHN, AND PETTIGREW, JJ.
Plaintiff-appellant, Michel Dixon, an inmate in the custody of the Department of Public Safety and Corrections, appeals the district court's judgment dismissing his petition for judicial review, without prejudice, for lack of subject matter (appellate) jurisdiction. Mindful that plaintiff has not filed a petition seeking a mandamus to have any responsible party directed to respond to a timely and properly filed ARP request, we find no error in the conclusion of the district court that he has failed to exhaust administrative remedies as required under La.R.S. 15:1172, 1176, and 1178. Thus, the district court judgment is affirmed in accordance with La. Uniform Rules of the Courts of Appeal — Rule 2.16.2A(1), (2), (5), and (6). Appeal costs are assessed against plaintiff-appellant, Michel Dixon.