Opinion
NO. 2015 CW 1866
08-01-2016
DELISYEE DAGGS JUPITER v. KENDRICK D. JUPITER
In Re: Kendrick D. Jupiter, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 102952. BEFORE: McDONALD, McCLENDON AND THERIOT, JJ.
WRIT DENIED ON THE SHOWING MADE. The Louisiana Supreme Court remanded this matter to this Court solely to review the merits of the trial court's formal revocation of relator's status to proceed in forma pauperis in this litigation. This Court determined that a transcript of the hearing at which this revocation occurred was necessary to a review of the merits of the revocation, and accordingly, ordered that relator, Kendrick Jupiter, provide this Court, on or before May 4, 2016, with two certified copies of the transcript of the September 1, 2015 hearing before the trial court. On May 3, 2016, relator filed a motion seeking an extension of time on that order, asserting that the court reporter for the September 1, 2015 hearing had retired, and the current court reporter needed at least thirty days to prepare the transcript. This Court granted the motion for an extension to provide the transcript until June 30, 2016. However, relator has failed to either comply with the order of this Court or seek another extension.
MRT
JMM
McClendon, J., dissents and would order the court reporter to produce the transcript, holding in abeyance the responsibility for the costs of such transcript until such time as this Court and the Louisiana Supreme Court have rendered a ruling on the merits of the trial court's revocation of relator's pauper status. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT