STATE EX REL. TRAY HOWARD VERSUS 24TH JUDICIAL DISTRICT COURT, FOR THE PARISH OF JEFFERSON, STATE OF LOUISIANA
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STATE EX REL. TRAY HOWARD NO. 21-KH-583 VERSUS FIFTH CIRCUIT 24TH JUDICIAL DISTRICT COURT, FOR THE PARISH OF JEFFERSON, STATE OF LOUISIANA COURT OF APPEAL STATE OF LOUISIANA August 25, 2021 Nancy F. Vega Chief Deputy Clerk IN RE TRAY HOWARD APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NANCY A. MILLER, DIVISION "I", NUMBER 18-7789 Panel composed of Judges Susan M. Chehardy, Jude G. Gravois, and Hans J. Liljeberg WRIT OF MANDAMUS GRANTED In this writ application requesting mandamus relief, relator, Tray Howard, alleges the district court has failed to act on his application for post-conviction relief filed in the district court, which he allegedly mailed to the district court on November 6, 2020. Our review of the official record shows that relator’s application for post-conviction relief was filed in the district court on November 10, 2020, and that on November 20, 2020, the district court issued an order for the State to file its response by December 20, 2020, raising whatever procedural objections it may have, or if no procedural objections, an answer on the merits to relator’s allegations. Since that time, it appears that no further action has been taken in this case. Accordingly, we grant relator’s request for mandamus relief and order the district court to rule upon relator’s application for post-conviction relief within fifteen days of this order, if it has not already done so. The district court is further ordered to provide a copy of its ruling to relator and to this Court. Gretna, Louisiana, this 25th day of August, 2021. SMC JGG HJL 21-KH-583 SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT NANCY F. VEGA FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN S. BUCHHOLZ STEPHEN J. WINDHORST HANS J. LILJEBERG FIFTH CIRCUIT JOHN J. MOLAISON, JR. 101 DERBIGNY STREET (70053) JUDGES POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 www.fifthcircuit.org FIRST DEPUTY CLERK MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF (504) 376-1400 (504) 376-1498 FAX NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 08/25/2021 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: 21-KH-583 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Nancy A. Miller (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Tray Howard #579512 (Relator) Raymond Laborde Correctional Center 1630 Prison Road Cottonport, LA 71327
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