Renode Collins VS Louisiana Department of Public Safety & Corrections
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO. 2015 CA 1926 RENODE COLLINS VERSUS LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS Judgment Rendered: DEC 2 2 2016 On Appeal from the 19th Judicial District Court, Parish of East Baton Rouge, State of Louisiana Trial Court No. C617150 The Honorable Donald R. Johnson, Judge Presiding Renode Collins Plaintiff/Appellant Angola, Louisiana In Proper Person Terri L. Cannon Attorney for Defendant/ Appellee Baton Rouge, Louisiana Louisiana Department of Public Safety and Corrections BEFORE: WELCH, CRAIN, AND HOLDRIDGE, JJ. CRAIN, J. Renode Collins, an inmate in the custody of the Louisiana Department of Public Safety and Corrections ( Department), confined to the Louisiana State Penitentiary in Angola, Louisiana, instituted this suit seeking issuance of a writ of mandamus to compel prison officials to return his property that was seized. During proceedings before the district court, the inmate additionally complained that he attempted to address the matter in accordance with the Corrections Administrative Remedy Procedure, but his requests for relief were ignored by prison officials. At a hearing before a commissioner for the district court, the Department representative indicated that no such requests for relief had been received, explaining that the inmate had not followed proper procedure for filing them. Additionally, the inmate admitted that his property had been returned as a result of a hunger strike. The commissioner then recommended that the matter be dismissed as moot, and the. district court dismissed the suit with prejudice. The inmate has appE:aled, contending that he has been denied due process of law. He contends that he should be afforded mandamus relief because prison officials violated CARP's requirement of accepting and processing his grievances. It is well settled that courts will not decide abstract, hypothetical or moot controversies, or render advisory opinions with respect to such controversies. Cat's Meow, Inc. v. City ofNew Orleans, through the Department ofFinance, 980601 ( La. 10/20/98), 720 So. 2d 1186, 1193. An issue is moot when a judgment or decree on that issue has been deprived of practical significance or made abstract or purely academic. Tobin v. Jindal, 11-0838 ( La. App. 1 Cir. 2/10/12), 91 So. 3d 31 7, 321. A case is moot when a rendered judgment or decree can serve no useful purpose and give no practical relief or effect. Animal Legal Defense Fund v. State, Dept. of Wildlife and Fisheries, 12-0971 ( La. App. 1 Cir. 4/25/13), 140 So. 3d 8, 19, writ denied, 13-1565 ( La. 10/4/13), 122 So. 3d 1025. If the case is moot, there 2 is no subject matter on which the judgment of the court can operate. Id. Although jurisdiction may exist at the outset, it may abate if the case becomes moot while the case is proceeding. See Tobin, 91 So. 3d at 321. The controversy must normally exist at every stage of the proceeding, including the appellate stages. Id. We agree that this case is now moot. The property that was the subject of the requests for relief and the mandamus action was returned to the inmate. Although he now argues that prison officials should be forced to follow the grievance procedure, such an exercise would have no practical effect since the property was returned. Moreover, the record does not substantiate the inmate's claims that his requests for relief were properly filed and ignored. The judgment of the district court is affirmed. assessed to Renode Collin.s. Costs of this appeal are This memorandum opinion is issued in compliance with Uniform Rules - Courts of Appeal, Rule 2-16.1.B. AFFIRMED. 3
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