Elbert White VS Louisiana Risk Review Panel, Louisiana Department of Public Safety & Corrections, The Louisiana Board of Pardons, James A. Leblanc, Lynn Cooper, Wayne Millus, Angie Huff, Linda Ramsey, W. Payton Cunningham, Jr., Greg Bridges and Susan Tucker
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2010 CA 1125 ELBERT WHITE VERSUS A LOUISIANA RISK REVIEW PANEL LOUISIANA DEPARTMENT OF PUBLIC SAFETY CORRECTIONS THE LOUISIANA BOARD OF PARDONS JAMES A LEBLANC LYNN COOPER WAYNE MILLUS ANGIE HUFF LINDA RAMSEY W PAYTON CUNNINGHAM JR GREG BRIDGES AND SUSAN TUCKER 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 585 043 The Honorable R Michael Caldwell Judge Presiding Elbert White PlaintiffAppellant Homer LA In Proper Person William Kline Attorney for Defendant Appellee Louisiana Department of Corrections Baton Rouge LA BEFORE CARTER C GAIDRY AND WELCH JJ J CARTER C J Elbert White appeals a district court judgment dismissing his petition for writ of mandamus with prejudice for failure to state a cause of action s White petition sought an order compelling the Louisiana Risk Review Panel and the Louisiana Board of Pardons to retroactively apply the ameliorative penalty provisions of LSAR 15 to his conviction The S 308 record reflects that the Risk Review Panel did review the matter and recommended leniency to the Pardon Board who denied White request for s commutation of sentence The only duty that is required of the Risk Review Panel is review of the application There is no legal authority for compelling any other action by them Weaver v LeBlanc 09 0244 La App 1 Cir 09 14 9 22 So 1014 1017 3d And this court has no judicial oversight over the pre release decisions of the Pardon Board Id Accordingly the judgment of the district court is affirmed in accordance with Uniform Rules of Courts of Appeal 2 16 4 6 Costs of this appeal are assessed A 2 to Elbert White 1yyIAulaloil I N
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