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Myles v. La. Dep't of Pub. Safety & Corr.

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Nov 25, 2014
NO. 2014 CW 1330 (La. Ct. App. Nov. 25, 2014)

Opinion

NO. 2014 CW 1330

11-25-2014

FREDRICK MYLES v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, ET AL


In Re: Fredrick Myles, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 625755.

BEFORE: GUIDRY, PETTIGREW, McCLENDON, THERIOT AND DRAKE, JJ.

WRIT GRANTED. The writ is granted. The district court is ordered to set this matter for either a hearing on the merits of relator's petition for judicial review or for a status conference.

EGD

JMG

JTP

McClendon and Theriot, JJ., dissent and would deny the writ. A writ of mandamus may be issued in cases where the law provides no relief by ordinary means or where the delay involved in obtaining ordinary relief may cause injustice. Gibson & Associates, Inc. v. State, Dept. of Transp. & Development, 2010-1696 (La. App. 1st Cir. 5/18/11), 68 So.3d 1128, 1140; see also Aberta, Inc. v. Atkins, 2012-0061 (La. 5/25/12), 89 So.3d 1161, 1163 (per curiam). Relator has an adequate remedy for relief by filing a motion, with an accompanying order, requesting the district court to hold a status conference or to set the matter for hearing. COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

Myles v. La. Dep't of Pub. Safety & Corr.

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Nov 25, 2014
NO. 2014 CW 1330 (La. Ct. App. Nov. 25, 2014)
Case details for

Myles v. La. Dep't of Pub. Safety & Corr.

Case Details

Full title:FREDRICK MYLES v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS…

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Nov 25, 2014

Citations

NO. 2014 CW 1330 (La. Ct. App. Nov. 25, 2014)