Leslie Adams v. Captain Thomas Sterling, and State of Louisiana through Louisiana Department of Public Safety and Corrections, Louisiana State Pententiary

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LESLIE ADAMS NO. 2021 CW 0344

VERSUS

CAPTAIN THOMAS STERLING AND
STATE OF LOUISIANA THROUGH
LOUISIANA DEPARTMENT OF
PUBLIC SAFETY AND
APRIL 26, 2021
CORRECTIONS, LOUISIANA STATE
PENTENTIARY

In Re: Captain Thomas Sterling and the State of Louisiana,

through the Department of Public Safety and

Corrections, Louisiana State Penitentiary, applying
for supervisory writs, 20th Judicial District Court,

Parish of West Feliciana, No. 23911.

BEFORE: GUIDRY, THERIOT, AND LANIER, JJ.

WRIT GRANTED. La. R. S. 15: 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." The district court

recognized the service requested by plaintiff, Leslie Adams, was

improper. Accordingly, the portion of the district court' s

January 28, 2021 order
declaring the plaintiff' s service to be
ineffective as being procedurally premature" is vacated, and

the motion to rescind service filed by the defendants, Captain
Thomas Sterling and the State of Louisiana through Louisiana
Department of Public Safety and Corrections, Louisiana State

Penitentiary, is granted and said service is rescinded, vacated,

and set aside as null ab initio.

JMG
MRT

WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLE K OF COURT
FOR THE COURT