Opinion
No. 2009 CA 2093.
May 7, 2010.
APPEALED FROM THE 19TH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF ST. TAMMANY STATE OF LOUISIANA CASE NO. 578,054 THE HONORABLE WILLIAM MORVANT, JUDGE PRESIDING RACHEL P. MORGAN, COMMISSIONER.
Robert Kevin McCartney, Homer, Louisiana, Plaintiff/Appellant Pro Se.
William Kline, Baton Rouge, Louisiana, Counsel for Defendant/Appellee, Louisiana Department of Corrections.
BEFORE: DOWNING, GAIDRY, AND McCLENDON, JJ.
SUMMARY DISPOSITION
Robert Kevin McCartney, a prisoner in the custody of the Louisiana Department of Public Safety and Corrections (the Department), appeals a judgment dismissing his petition for mandamus, injunction, and declaratory judgment seeking review and reversal of disciplinary actions against him; injunctive relief; and monetary damages against various prison officials arising from their alleged negligence, "malfeasance, non-feasance, and misfeasance," and violation of various enumerated constitutional rights.
The action was initially referred to a commissioner for review and screening pursuant to La.R.S. 15:1178 and La.R.S. 15:1188. The commissioner thoroughly detailed her findings in a report, concluding that the petition failed to state a cause of action for mandamus relief and that plaintiff failed to exhaust his administrative remedies, thereby depriving the trial court of subject matter jurisdiction. The commissioner recommended that the suit be dismissed without service of process on the defendants. Following its de novo review of the record, the trial court adopted the commissioner's recommendation and dismissed plaintiff's action. Plaintiff appeals, contending that the trial court erred in delegating initial review of his claim to the commissioner and in dismissing his petition based upon the commissioner's recommendations. We affirm.
The office of the commissioner of the Nineteenth Judicial District Court was created by La.R.S. 13:711 to hear and recommend disposition of criminal and civil proceedings arising out of the incarceration of state prisoners. The commissioner's written findings and recommendations are submitted to a district judge, who may accept, reject, or modify them. La.R.S. 13:713(C)(5).
We initially address plaintiff's contention that the trial court "erred in allowing the Commissioner to enter a report and finding in this cause." After reviewing the nature of plaintiff's claim as expressed in his petition, his assignments of error on appeal, and the entire record in this matter, it is apparent that his contentions relating to the legal propriety of the commissioner's involvement have no merit whatsoever. See La.R.S. 15:1177-78 and La.R.S. 15:1188.
See also n. 1, supra.
We agree with the commissioner's observation that plaintiff's various claims are set forth in "a rambling, lengthy petition that includes facts regarding numerous individual disputes with the Department that are not adequately separated or identified," and that his petition is "perilously close to being, if it is not, legally frivolous." The commissioner's report even went so far as to point out other procedurally viable avenues for relief. Finding that the commissioner's report and the district court's judgment adequately explain our decision as to the other claims and assignments of error, we affirm the judgment.
DECREE
We accordingly affirm the judgment of the district court through this summary disposition, in accordance with Rules 2-16.2(A)(2), (4), (5), (6), (8), and (10) of the Uniform Rules of the Louisiana Courts of Appeal. All costs of this appeal are assessed to the plaintiff-appellant, Robert Kevin McCartney.