Ballard v. La. Dep't of Pub. Safety & Corr., 267 So. 3d 70 (2019)

April 8, 2019 · Louisiana Supreme Court · No. 2018-CI-52

267 So. 3d 70

Joseph BALLARD
v.
LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS

No. 2018-CI-52

Supreme Court of Louisiana.

April 8, 2019

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE

Writ denied.

WEIMER, J., recused.

HUGHES, J., additionally concurs and assigns reasons.

Hughes, J., additionally concurs.

Proper venue for the review of an LPLRA proceeding is in the parish where the offender's prison is situated. See R.S. 15:1184(F) ; see also La. Dist. Ct. R. 60.1(C) & 60.3(A). Thus, the 19th JDC was not empowered here to grant petitioner the relief that he prayed for in his ARP petition. Petitioner is entitled to a hearing on the motion to set aside the dismissal for abandonment.