Opinion
NO. 2016 CW 1455
02-06-2017
ERNEST BILLIZONE, SR. v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS
In Re: Ernest Billizone, Sr., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 649118. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT APPLICATION REJECTED. La. R.S. 15:1186(A)(1) requires the submission of a certified copy of the trust fund account statement or institutional equivalent for the six-month period immediately preceding the filing of the writ application. In order to avoid posting the filing fee, the writ application must contain proof of relator's inability to pay the fees in advance. Such proof can be provided by submitting copies of:
1. A fully executed "In Forma Pauperis Affidavit" in compliance with La. C.C.P. art. 5183(A)(1); and
2. A certified copy of the trust fund account statement (STATEMENT OF ACCOUNT - Certified Institutional Equivalent) or institutional equivalent for the six-month period immediately preceding the filing of the writ application obtained from the appropriate prison official at the institution in which relator is confined, for compliance with La. R.S. 15:1186.
Additionally, this application does not contain the affidavit and documents required by Rule 4-5, Uniform Rules of Louisiana Courts of Appeal. If relator intends to pursue this claim, he must (1) include the required documents regarding his inability to pay; and (2) provide a copy of the documents filed in the district court.
Any application filed in this Court should indicate what relief has been sought in the district court and the result of such filing. This Court is unable to process the application without the required documentation.
The writ application is being returned. In the event a new application is filed, please include all of the documents that are being returned to you.
VGW
JMG
PMc
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT