Derrick Duncan VS James Leblanc, Secretary, Department of Corrections Risk Review Panel, State of Louisiana
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2009 CA 2076 DERRICK DUNCAN VERSUS A JAMES LEBLANC SECRETARY DEPARTMENT OF CORRECTION Judgment Rendered RISK REVIEW PANEL May 7 2010 APPEALED FROM THE NINETEENTH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA DOCKET NUMBER 565 DIVISION E SECTION 4 059 23 THE HONORABLE WILLIAM A MORVANT JUDGE Derrick Duncan Angola Louisiana William Kline Baton Rouge Louisiana In Proper Person PlaintiffAppellant Attorney for Defendant Appellee Louisiana Department of Public Safety and Corrections BEFORE PARRO KUHN AND McDONALD JJ McDONALD J This is an appeal of a judgment from the Nineteenth Judicial District Court dismissing the plaintiff petition with prejudice at his cost s Plaintiff filed a petition for writ of mandamus alleging violations of the law and United States Constitution in connection with the Department of Public Safety and Corrections handling of his application for a hearing before the Louisiana Risk Review Panel A Commissioner Report was issued recommending dismissal based on the s exception of no cause of action which was raised by the court on its own motion After careful de novo review of the record by the district court judge judgment was rendered on August 4 2009 dismissing the matter and adopting as reasons the s Commissioner Report The propriety of a writ of mandamus issuing based on the violation of La S 308 R 15 and La R 15 has previously been considered by this court S 574 22 and we found that it is not legally permissible See Weaver v LeBlanc 09 0244 La App I Cir 9 22 So 1014 Also the supreme court has examined 09 14 3d the statutes at issue and dictated the respective positions and responsibilities of the executive and judicial branches of government See State v Dick 062223 06 2226 La 1951 So 124 07 26 2d After review of the law and the record in this matter we find no error in the action ofthe district court Therefore the judgment is affirmed and this opinion is issued in compliance with Louisiana Uniform Rules Courts of Appeal Rule 2 B 1 16 Costs are assessed to Derrick Duncan AFFIRMED 2
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