Richard Davis v. Warden Darryl Vannoy; and State of Louisiana through Louisiana Department of Public Safety and Corrections Louisiana State Penitentiary

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

RICHARD DAVIS NO. 2020 CW 1083

VERSUS

WARDEN DARRYL VANNOY; AND
STATE OF LOUISIANA THROUGH
LOUISIANA DEPARTMENT OF
PUBLIC SAFETY AND
DECEMBER 21, 2020
CORRECTIONS LOUISIANA STATE
PENITENTIARY

In Re: Warden Darryl Vannoy and the State of Louisiana,
through the Department Public
of
Safety and

Corrections, Louisiana State Penitentiary, applying
for supervisory writs, 20th Judicial District Court,
Parish of West Feliciana, No. 23799.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT GRANTED. Louisiana Revised Statute 13: 1186( B)( 2)( a)

provides "[ t] he order granting a prisoner' s request to proceed

in forma pauperis automatically stays all proceedings, including
any service of process, until all costs of court or fees due the
clerk by the prisoner in [ the] matter are paid." Moreover, the
district court previously recalled, rescinded and set aside as

null ab initio the prior services issued to defendants pursuant
to its April 9, 2020 order. Accordingly, the portion of the
district court' s September 23, 2020 judgment which ordered ail

time delays to run from the order lifting stay is vacated.

VGW
JEW
WRC

COURT OF APPEAL, FIRST CIRCUIT

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FOR THE COURT