Michael Edward Banks VS Venetia Michael, Warden, David Wade Correctional Center
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2010 N0 6r CA 0985 MICHAEL EDWARD BANKS VERSUS VENETIA MICHAEL WARDEN DAVID WADE CORRECTIONAL CENTER Judgment Rendered December 22 2010 On Appeal from the 19th Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Trial Court No 559 939 The Honorable Kay Bates Judge Presiding Michael Edward Banks Homer La Plaintiff Appellant in Proper Person Susan Wall Griffin Attorney for Defendant Appellee James M LeBlanc Secretary for State of Louisiana Department of Baton Rouge La Safety and Corrections BEFORE CARTER C GAIDRY AND WELCH JJ J CARTER C J Michael Banks an inmate in the custody of the Louisiana Department of Public Safety and Corrections filed a petition for judicial review of a final agency decision rendered under the Corrections Administrative Remedy Procedure Act La R 15 1179 Banks complained that the S 1171 Department failed to award credit for time served on the second sentence of his consecutive sentences adopted the Following de novo review the district court s Commissioner recommendation which affirmed the s Department decision to deny the request for overlapping jail credits and dismissed the appeal Banks appeals We find that the Commissioner September 25 2009 report adopted s by the district court in its October 16 2009 judgment thoroughly discusses the factual and procedural background of this case and provides an excellent analysis of the applicable law and the sentencing credit to which Banks is entitled Finding no error we affirm the district court judgment by summary s disposition in accordance with Uniform Rules 5 2A 16 All costs of this appeal plaintiffappellant Michael Banks AFFIRMED 0 Courts of Appeal Rule 2 are assessed against the
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