Opinion
NO.2015-CA-001462-MR
06-09-2017
CHRISTOPHER DENNIS APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE
BRIEF FOR APPELLANT: Christopher Dennis, pro se Burgin, Kentucky BRIEF FOR APPELLEE: Andy Beshear Attorney General of Kentucky Tami Allen Stetler Assistant Attorney General Frankfort, Kentucky
NOT TO BE PUBLISHED APPEAL FROM OWEN CIRCUIT COURT
HONORABLE R. LESLIE KNIGHT, JUDGE
ACTION NO. 10-CR-00058 OPINION & ORDER
DISMISSING
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BEFORE: KRAMER, CHIEF JUDGE, ACREE, AND JOHNSON, JUDGES. JOHNSON, JUDGE: Christopher Dennis ("Dennis"), appearing pro se, appeals from an Order of the Owen Circuit Court dismissing his Motion seeking review of the Department of Corrections (Department) denial of allowing him to work at a work camp even though he has obtained camp status. After reviewing the record in conjunction with the applicable legal authorities, we DISMISS this appeal for failure to name an indispensable party.
BACKGROUND
On February 23, 2012, the Owen Circuit Court entered its Judgment and Sentencing on a Plea of Guilty by Dennis. He was evaluated and sent to Northpoint Training Center. Dennis had obtained a minimum security classification and applied to go to work camp. While Dennis may have qualified for work camp, the Department gave Dennis an Override, effectively disallowing him to be given work camp status or outside detail.
In August 2015, Dennis filed a motion with the circuit court asking it to review the ruling of the Kentucky Department of Corrections. On September 2, 2015, the circuit court dismissed Dennis' motion. Dennis named only the Commonwealth of Kentucky in his motion. Upon his dismissal, Dennis filed this appeal listing only the Commonwealth of Kentucky as Appellee.
ANALYSIS
In determining if all necessary parties are before the court, we are required to determine if all persons whose interest would be divested by an adverse judgment are present before the court. Watkins v. Fannin, 278 S.W.3d 637, Ky. App. 2009). Before this court can rule on any issues on appeal it must first be determined that it has jurisdiction over the matter and that all indispensable parties are before the court. We have no jurisdiction relative to persons not named as parties to an appeal. Watkins, 278 S.W.3d at 640. The Appellant is required to name each party that is necessary for a proper review and disposition of the case. In this case, Dennis has failed to name the Department of Corrections, a necessary and indispensable party. Kentucky Rules of Civil Procedure (CR) 19.02.
The relief which Dennis seeks can only be granted by the Department of Corrections, since it alone has been vested with the responsibility of establishing the classification of all inmates. Kentucky Revised Statute (KRS) 197.020(1)(a). Since Dennis has failed to name an indispensable party, the Department, the only action we can take is to dismiss his appeal. The failure to name an indispensable party in the notice of appeal is considered a jurisdictional defect. Slone v. Casey, 194 S.W.3d 336, 337 (Ky. App. 2006).
Based upon the foregoing, this appeal is hereby DISMISSED.
ALL CONCUR. ENTERED: 6-9-2017
/s/ Judge Rob Johnson
JUDGE, COURT OF APPEALS BRIEF FOR APPELLANT: Christopher Dennis, pro se
Burgin, Kentucky BRIEF FOR APPELLEE: Andy Beshear
Attorney General of Kentucky Tami Allen Stetler
Assistant Attorney General
Frankfort, Kentucky