Donald Jackson v. Sergeant Kenneth Jackson; and State of Louisiana through Louisiana Department of Public Safety and Corrections, Dixon Correctional Center

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DONALD JACKSON NO. 2020 CW 1266

VERSUS

SERGEANT KENNETH JACKSON,
AND STATE OF LOUISIANA
THROUGH LOUISIANA DEPARTMENT
OF PUBLIC SAFETY AND 2021
MARCH 25,
CORRECTIONS DIXON
CORRECTIONAL CENTER

for writs, 20th
In Re: Donald Jackson, applying supervisory
Parish of East Feliciana, No.
Judicial District Court,
46105.

BEFORE: WHIPPLE, C. J., McCLENDON, WELCH, CHUTZ AND PENZATO,

JJ.

The trial court correctly applied the
WRIT DENIED.

written. While we are aware of the
applicable statute as

the of the statute to
equitable concerns raised by application

his release from custody, the matter is one
relator following
the discretion of the legislative branch of
that falls within

government.

PMC

WRC

AHP

Whipple and Welch, JJ., dissent and would grant the writ.

We would reverse the trial court' s October 28, 2020 order

plaintiff' s motion to proceed in forma pauperis and
denying
Moreover, because the trial court
grant that motion.

issued an order which recalled, rescinded, and set
incorrectly
aside service of process requested by plaintiff and made in this
action, we would also grant plaintiff' s motion to lift stay and
trial to issue service pursuant to
instruct the court

plaintiff' s requests made herein.

COURT OF APPEAL, FIRST CIRCUIT

1I
DEPUTY LIRK OF COURT
FOR THE COURT