Richard Mahogany, Jr. VS Jim Rogers, Warden, Washington Correctional Institute; Richard Stalder, Secretary, Louisiana Department of Public Safety & Corrections and Lynn McCloud
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2008 CA 0517 RICHARD MAHOGANY JR VERSUS RICHARD STALDER JIM ROGERS LYNN McCLOUD Judgment Rendered SEP 2 3 Zo08 Appealed from the 19th Judicial District Court In and for the Parish of East Baton Rouge Louisiana Case No 544 727 The Honorable Richard Mahogany Jr Timothy E Kelley Judge Presiding Plaintiff Appellant St Gabriel Louisiana In Debra A Counsel for Defendant Baton Richard Stalder Rutledge Rouge Louisiana Proper Person Appellee BEFORE KUHN GUIDRY AND GAIDRY JJ GAIDRY J SUMMARY DISPOSITION The Richard plaintiff appellant of the Louisiana Department Mahogany filed it was et seq untimely inmate in the custody Department of Public Safety and Corrections petition for judicial review of a under the Corrections Administrative 15 1171 an The defendants under La R S final agency decision Remedy Procedure excepted to the petition Act the on agency decision RS La grounds been filed well having 15 1177 days after his receipt of notice ofthe final Commissioner issued a the over The trial that thirty court s comprehensive report detailing the administrative a history of the request for administrative remedies its underlying facts its disposition that the the applicable legal issues and his findings and recommendation exception be sustained the trial court judgment Mr Mahogany appeals s two court previously sought judicial separate disciplinary appeal in 1 1st App an order 15 1177 Cir that he chose the other s reasons court for adopting order 12 28 98 to 727 pursue disciplinary appeal granted review interpreted as instructing Mr Mahogany disciplinary appeals he wished the Commissioner its as a La Commissioner issued the report s had and 97 2626 review of the record the judgment of the trial review in contravention of La R S Stalder novo report and dismissing his petition with prejudice Mahogany disciplinary appeal de Following its adopted the Commissioner the Commissioner Mr 1 one in of this action for Lightfoot So 2d 553 to v The choose which of and he advised the trial Mr Mahogany claims that him additional time within which to seek The duties of the Commissioners of the Nineteenth Judicial District Court include disposition of criminal and civil proceedings arising out 13 711 and 13 713 A The of the incarceration of state prisoners La RS Commissioner s written findings and recommendations are submitted to a district court judge who may accept reject or modify them La R S 13 713 C 5 hearing and recommending the 2 separate judicial review of this disciplinary appeal It did the time limit for is peremptive Carter Lynn v After entitled to in filing a nature 93 1583 reviewing relief not petition for judicial review under and thus may La App the record be not we judgment adequately explain our decision we s or 15 1177 suspended 637 So 2d 690 conclude that Mr finding the Commissioner La R S interrupted 1st Cir 5 20 94 Additionally Mahogany is report and the trial not court s affirm the judgment DECREE We summary accordingly affirm the judgment opinion in accordance with Rules 2 of the trial l6 2 A the Uniform Rules of the Louisiana Courts of appeal are assessed to the plaintiff Richard AFFIRMED 3 2 Appeal Mahogany Jr court through this and 8 of 5 6 All costs of this
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