Tory C. Boatner VS Louisiana Department of Corrections
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2010 CA 0994 TORY C BOATNER VERSUS 1 9 LOUISIANA DEPARTMENT OF CORRECTIONS Judgment Rendered December 22 2410 Appealed from the 19th Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Case No 552 135 The Honorable Todd Hernandez Judge Presiding PlaintiffAppellant Tory C Boatner Angola Louisiana Pro Se Terri L Cannon Counsel for DefendantAppellee Baton Rouge Louisiana Louisiana Department of Corrections BEFORE CARTER C GAIDRY AND WELCH JJ J GAIDRY J SUMMARY DISPOSITION The plaintiff appellant Tory C Boatner an inmate in the custody of the Louisiana Department of Public Safety and Corrections the Department at the Louisiana State Penitentiary filed a petition for judicial review of a final agency decision of the Department Disciplinary Board under the s Corrections Administrative Remedy Procedure Act La R 15 et seq S 1171 The Disciplinary Board affirmed the decision of the warden finding plaintiff guilty of violating disciplinary rules relating to introduction of contraband marijuana and prohibited behavior and sentencing him to a custody change to maximum or extended lockdown and loss of incentive wages for 156 weeks The trial detailing the s court commissioner administrative history issued of the a comprehensive report request for administrative remedies its underlying facts its disposition the applicable legal issues and his findings and recommendation that the final agency decision be affirmed and Mr Boatner petition be dismissed with prejudice Following its de s novo review of the record the trial court adopted the commissioner report s as its reasons for judgment Mr Boatner appeals the judgment of the trial court signed on December 17 2008 adopting the commissioner report s and dismissing his petition with prejudice The evidence supports the disciplinary action imposed as neither excessive nor an abuse of discretion and there is no showing that Mr s Boatner right to due process was violated by denying him access to the I Plaintiff sought to appeal the judgment by pleadings filed on February 3 2009 but because the trial court failed to act upon those pleadings this court was forced to grant writs twice at the plaintiff request ordering the trial court to do so Boatner v La s Corr 2009 CW 1216 La App 1st Cir 91409 unpublished t Dep of Pub Safety Corr 2009 CW 2029 La writ disposition and Boatner v La Dept of Pub Safety App 1 st Cir 12 0 i shed writ disposition 3 09 unpubl 2 confidential documents given the nature of the information and the circumstances upon which the disciplinary action was based We likewise conclude that the commissioner and the trial court did not err in ordering that the confidential documents be filed in the record under seal Finding the s commissioner report and the trial court judgment adequately explain our s decision we affirm the judgment We accordingly affirm the judgment of the trial court through this summary opinion in accordance with Rules 2 S 6 7 and 4 A 16 8 of the Uniform Rules of the Louisiana Courts of Appeal this appeal are assessed to the plaintiff Tory C Boatner AFFIRMED ki All costs of
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