Opinion
NO. 2020 CW 0931
11-09-2020
DENNIS MINOR v. SGT. JORDAN AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS ELAYN HUNT CORRECTIONAL CENTER
In Re: Sgt. Jordan and the State of Louisiana, through the Department of Public Safety and Corrections, Elayn Hunt Correctional Center, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 79003. BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.
WRIT GRANTED. Louisiana Revised Statutes 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." Moreover, the district court previously "recalled and rescinded" the service of process made upon relators/defendants by its August 21, 2019 Order. Accordingly, the portion of the district court's July 29, 2020 Order, reinstating the previously-made service of process on defendants/relators, is vacated.
JMG
PMc
WIL
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT