Ben H. Scott VS Jeffery E. Travis, Warden, Rayburn Correctional Center
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2009 CA 1648 BEN H SCOTT VERSUS VIP JEFFERY E TRAVIS WARDEN RAYBURN CORRECTIONAL CENTER Judgment Rendered May 7 2010 Appealed from the 19th Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Case No 561 819 The Honorable Janice Clark Judge Presiding Ben H Scott Homer Louisiana Terri L Cannon Baton Rouge Louisiana PlaintiffAppellant In Proper Person Counsel for DefendantAppellee Department of Public Safety Corrections BEFORE DOWNING GAIDRY AND McCLENDON JJ GAIDRY J In this case an inmate in the custody of the Department of Public Safety and Corrections the Department appeals a district court judgment dismissing his petition for judicial review for lack of subject matter jurisdiction We affirm FACTS AND PROCEDURAL HISTORY This matter initially arose from a lost property claim filed by prisoner Ben Scott concerning a box of legal documents that was misplaced when Scott was evacuated for Hurricane Katrina procedure ARP His administrative remedy was initially rejected because it was filed in the wrong jurisdiction He filed a petition for judicial review of this rejection and the district court ordered the Department to address the merits of Scott ARP s Scott was informed by the court that he could file another petition for judicial review if he did not receive the relief he sought once the Department addressed the merits of his claim After addressing the merits the Department noted that since copies of the lost documents had been obtained for Scott no further investigation was warranted The date of the Department final decision on Scott ARP s s was August 14 2007 and the decision was received by Scott on August 23 2007 On December 7 2007 more than ninety days later Scott filed a petition for judicial review of the Department sdecision The Department filed an exception of lack of subject matter jurisdiction since the petition for judicial review was not filed within thirty days after receipt of the decision as required by La R 15 S 1177 A The district court sustained the s Department exception of lack of subject matter jurisdiction and dismissed s Scott petition for judicial review with prejudice followed 2 This appeal by Scott DISCUSSION Louisiana Revised Statutes 15 Aprovides in pertinent part 1177 Any offender who is aggrieved by an adverse decision by rendered the Department of Public Safety and Corrections pursuant to any administrative remedy procedures under this Part may within thirty days after receipt of the decision seek judicial review of the decision The thirty day period provided by La R 15 for filing a petition S 1177 A for judicial review is peremptive rather than prescriptive Carter v Lynn 93 1583 p 2 La 1 Cir 5 637 So 690 691 If an offender App 94 20 2d fails to file an action for judicial review in the district court within thirty days after he received his final agency decision his right to relief ceases to exist Id Accordingly we find no error in the district court dismissal of s suntimely petition for judicial review Scott DECREE The judgment of the district court dismissing Scott petition for s judicial review with prejudice for lack of subject matter jurisdiction is affirmed Costs of this appeal are to be borne by plaintiff Ben Scott AFFIRMED 3
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