Opinion
NO. 2015 KW 1073
09-08-2015
STATE OF LOUISIANA v. DUANE PARKER
In Re: Duane Parker, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 257,720. BEFORE: WHIPPLE, C.J., WELCH AND DRAKE, JJ.
WRIT DENIED. Louisiana Revised Statute 15:1171(B) grants authority to the Department of Public Safety and Corrections (DPSC) to adopt administrative remedy procedures in compliance with federal law to receive, hear, and dispose of all inmate complaints and grievances. The statute further provides that such complaints and grievances include actions pertaining to time computations, "even though urged as a writ of habeas corpus," and that such administrative remedy procedures are to provide the exclusive remedy to the inmate for those complaints. Owens v. Stalder, 2006-1120 (La. App. 1st Cir. 6/8/07), 965 So.2d 886, 887-88 n.4. Thus, an inmate who challenges his time computation must pursue his complaint through Corrections Administrative Remedy Procedure (CARP). See Branch v. Louisiana Dept. of Public Safety and Corrections, 2012-0749 (La. App. 1st Cir. 12/21/12), 111 So.3d 1059, 1059-60 n.1. If relator has already filed a grievance in accordance with La. R.S. 15:1171 and has received an adverse ruling, he should seek review of the decision only in the Nineteenth Judicial District Court. La. R.S 15:1177(A). If relator receives an adverse ruling from the district court and he desires to seek review of that ruling, then he "may appeal a final judgment of the district court to the appropriate court of appeal." La. R.S. 15:1177(A)(10).
JEW
EGD
VGW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT