Ex parte Curtis J. Cook, Jr.
Annotate this CasePetitioners-inmates Curtis Cook and Joe Hold, Jr. filed "petition[s] for release order" pursuant to the Alabama Prisoner Litigation Reform Act (APLRA). Petitioners also filed requests for in forma pauperis ("IFP") status. Both requests for IPF status would ultimately be denied. Then both filed for writs of mandamus relief, seeking that the Court of Criminal Appeals set aside the IFP orders. The Court of Criminal Appeals determined it lacked jurisdiction over the cases and remanded to the Court of Civil Appeals. The Court of Civil Appeals determined it lacked jurisdiction and transferred the petitions to the Supreme Court. Cook's and Holt's mandamus petitions arose from actions seeking relief based on the conditions of their incarceration, rather than from actions giving rise to their incarceration. Therefore, the proceedings underlying the petitions are civil, not criminal, in nature. However, the mere fact that the Department of Corrections was the agency charged with overseeing Cook's and Holt's incarceration did not bring their mandamus petitions within the Court of Civil Appeals' exclusive appellate jurisdiction either. Having determined that only the Supreme Court could review the cases, the Court then turned to the merits of petitioners' claims. The Court then found neither petitioner met his burden proving he was entitled to mandamus relief, and denied both requests.
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