Opinion
55,905-CW
06-05-2024
RICHARD JENKINS O/B/O ALEXIS NICOLE HARDMAN (D) v. MINDEN MEDICAL CENTER AND THEIR UNKNOWN INSURER
DAVIS LAW OFFICE, LLC S P. DAVIS, SR. COUNSEL FOR: RICHARD JENKINS O/B/O ALEXIS NICOLE HARDMAN (D)
FILED: 4/25/24
RECEIVED: BY HAND 4/25/24
On application of Richard Jenkins o/b/o Alexis Nicole Hardman (D) for SUPERVISORY WRIT in No. 81,309 on the docket of the Twenty-Sixth Judicial District, Parish of WEBSTER, Judge Charles A. Smith.
DAVIS LAW OFFICE, LLC S P. DAVIS, SR.
COUNSEL FOR: RICHARD JENKINS O/B/O ALEXIS NICOLE HARDMAN (D)
Before PITMAN, ROBINSON, and ELLENDER, JJ.
WRIT GRANTED; REVERSED; REMANDED.
The applicant, Richard Jenkins o/b/o Alexis Nicole Hardman (D), seeks supervisory review of the trial court's denial of his request to proceed in forma pauperis. La. C.C.P. art. 5183(B)(1) provides that upon the filing of a completed application to proceed in forma pauperis and supporting affidavits, the trial court shall: (1) grant the application and allow the applicant to litigate or to continue the litigation without paying the costs in advance; (2) deny the application with written reasons for such denial; or (3) set the matter for a contradictory hearing. We find that it was error for the trial court to summarily deny the applicant's request without providing written reasons for such denial. Accordingly, this writ is granted, and the trial court's ruling is reversed. This matter is remanded to the trial court to reconsider the applicant's request to proceed in forma pauperis and issue a ruling in compliance with La. C.C.P. art. 5183(B)(1).