State Of Louisiana v. Westly Brown

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

SPATE OF LOUISIANA NO. 2020 KW 0903

VERSUS

WESTLY BROWN NOVEMBER 19, 2020

In Re: Westly Brown, applying for supervisory writs, 22nd
Judicial District Court, Parish of Washington, No.
unknown.

BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT DENIED. For relator to seek review of the district
court clerk' s office refusal to file his pro se pleading, he
must first institute civil proceedings at the trial court level
for a writ of mandamus against the Clerk of Court. See La. Code
Civ. P. arts. 3861 et seq.

JMM
AHP

Holdridge, J., dissents and would grant the writ

application to order the Washington Parish Clerk to file the pro
se petition for a writ of habeas corpus. The Clerk of Court
does not have the authority to refuse to file a pleading based
on his interpretation of the law.

COURT OF APPEAL, FIRST CIRCUIT

DEPU RK OF COURT
FOR THE COURT