Opinion
No. 2009 CA 2101.
June 4, 2010.
ON APPEAL FROM the 19th Judicial District Court, Parish of East Baton Rouge, Louisiana, Docket No. 567,410, Section 27, Honorable Todd W. Hernandez, Judge Presiding.
Marvin T. Adger, Homer, LA, Plaintiff-Appellant, In Proper Person.
Susan Wall Griffin, Baton Rouge, LA, Attorney for Defendant-Appellee, James M, LeBlanc, Secretary, Department of Public Safety and Corrections.
BEFORE: PARRO, KUHN, AND McDONALD, JJ.
Marvin T. Adger, an inmate, appeals the judgment of the district court, affirming the decision of the Louisiana Department of Public Safety and Corrections and dismissing his petition for judicial review with prejudice. On appeal, the inmate sought reversal of the judgment based on the district court's alleged error in failing to enforce a "contract agreement" regarding the forfeiture of good time earned. After a thorough review of the record and relevant law and jurisprudence, we find that the district court's reasons for judgment, as set forth in the commissioner's recommendation, adequately explain the decision. As the issue involves no more than an application of well-settled rules to a recurring fact situation, we affirm the judgment in accordance with URCA Rule 2-16.2(A)(2), (4), (5), (6), and (8). All costs of this appeal are assessed against the inmate-appellant. AFFIRMED.
The inmate's claim was for breach of contract based on an alleged violation of the "Good Time Rate Option and Approval Form" that the inmate signed on October 15, 1997.
See LSA-R.S. 15:571.4(B)(4); Bancroft v. Louisiana Dept. of Corrections, 93-1135 (La. App. 1st Cir. 4/8/94), 635 So.2d 738, 741.
Although the inmate's suit was brought in forma pauperis, the costs of an unsuccessful appeal may be assessed against him. See Hull v. Stalder, 00-2730 (La. App. 1st Cir. 2/15/02), 808 So.2d 829, 833 n. 3; see also LSA-C.C.P. art. 5188.