State of Louisiana Versus Michael Robins

STATE OF LOUISIANA NO. 24-K-360

VERSUS FIFTH CIRCUIT

MICHAEL ROBINS COURT OF APPEAL

STATE OF LOUISIANA

August 20, 2024

Linda Wiseman
First Deputy Clerk

IN RE MICHAEL ROBINS

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NANCY A. MILLER,
DIVISION "I", NUMBER 24-3478

Panel composed of Judges Marc E. Johnson,
Scott U. Schlegel, and Timothy S. Marcel

WRIT GRANTED FOR LIMITED PURPOSE

Relator, Michael Robins, seeks review of the trial court’s July 11, 2024 denial

of his application for in forma pauperis. At the trial court level, Relator submitted

an in forma pauperis affidavit, stating he was 55 years old with no children or other

dependents. Relator indicated that his current occupation was a fabricator but stated

that he had been unemployed since 2008 with a total monthly net income of $0.

According to his affidavit, Relator currently receives a monthly disability payment

in the amount of $1,049.70. Relator further stated that he did not regularly receive

help paying his expenses nor did he have any additional income or assets. Relator

included a Legal Service Programs’ Declaration certifying that relator had produced

evidence that his income is less than or equal to 125% of the federal poverty level.

Finally, Relator submitted a third-party affidavit signed by an individual who stated

that she knew Relator “well” and that he was unable to pay the costs of court in

advance or as they accrued or to post bond because of his poverty and lack of means.

The trial court then denied the motion to proceed in forma pauperis, without a

hearing and without reasons, by writing “denied” on the motion.

La. C.C.P. art. 5183 provides in pertinent part:

B. (1) Upon the filing of the completed application and supporting
affidavits, the court shall render an order that does one of the following:
(a) Grants the application and allows the applicant to litigate or
to continue the litigation without paying the costs in advance.
(b) Denies the application with written reasons for such denial.
(c) Sets the matter for a contradictory hearing.

The comment to the 2021 amendment of La. C.C.P. art. 5183 explains:1

The requirement under this provision that written reasons be provided
by the court upon the denial of an application is intended to provide the
applicant with additional information necessary to, for example, correct
a deficiency in the application. The form and contents of these written
reasons are left to the discretion of the court.

After review, we find that the trial court was required to provide written

reasons for its denial of relator’s in forma pauperis application. Accordingly, we

grant Relator’s writ application for the limited purpose of remanding the matter to

the trial court for compliance with La. C.C.P. art. 5183(B).

Gretna, Louisiana, this 20th day of August, 2024.

MEJ
SUS
TSM

1
The comment to the 2021 amendment states:
Paragraph B of this Article has been amended to require the court to do one of three things after a
person has filed a completed application to proceed in forma pauperis with the requisite supporting
affidavits: (1) grant the application and allow the applicant to proceed in forma pauperis, (2) deny
the application and provide written reasons for such denial, or (3) set the matter for a contradictory
hearing.

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 08/20/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

24-K-360
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Nancy A. Miller (DISTRICT JUDGE)
Thomas J. Butler (Respondent) Laura Anne Reeds (Relator)

MAILED