Opinion
No. 2009 CA 1678.
April 1, 2010.
ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT COURT NUMBER 570, 767, DIV. M (26), PARISH OF EAST BATON ROUGE STATE OF LOUISIANA HONORABLE KAY BATES, JUDGE.
Glen Tauzier, Angie, Louisiana, Pro Se.
Debra A. Rutledge, Baton Rouge, Louisiana, Counsel for Defendant-Appellee, James LeBlanc, Secretary, Department of Public Safety and Corrections
BEFORE: PARRO, KUHN, AND McDONALD, JJ.
Offender-appellant, Glen Tauzier, appeals the district court's judgment, dismissing his request for judicial review of Administrative Remedy Procedure No. RCC-2008-368. Because appellant has previously litigated the issue of his entitlement to good time release on supervised parole, see Tauzier v. Cain , 96-1934 (La. App. 1st Cir. 6/20/97), 696 So.2d 650, appellant's claim is dismissed, see La.R.S. 13:4231, at his costs. Accordingly, the district court's judgment is affirmed in accordance with La. U.R.C.A. Rule 2-16.2.A(2), (4), (5), (6), and (8).
Appellant contends in his traversal of the district court commissioner's recommendation and again on appeal that the order of another panel of this court remanding his case to the district court for the commissioner to "conduct a hearing to fully develop [the] issue and ascertain whether [appellant's] right to equal protection under the law has been violated," see Tauzier v. Cain , 96-1934 at p. 3, 696 So.2d at 652, has not been complied with. But in his petition, appellant sought only to have his master prison record amended to allow him to be released from custody without parole supervision and, thus, his entitlement to relief seeking conformance with this court's earlier-issued order has not been properly raised and reviewed, see La.R.S. 15:1177, and, therefore, is not before us in this appeal.