Ivory L. Simon VS Warden, Allen Correctional Center

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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2011 CA 0292 IVORY L SIMON VERSUS WARDEN ALLEN CORRECTIONAL CENTER b1 Judgment Rendered September 14 2011 On Appeal from the 19th Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Trial Court No 588 779 The Honorable Timothy E Kelley Judge Presiding Kinder La PetitionerAppellant In Proper Person Jonathan R Vining Attorney for Defendant Appellee Baton Rouge La James M LeBlanc Secretary Department of Public Safety and Corrections Ivory L Simon BEFORE CARTER C PARRO AND HIGGINBOTHAM JJ J CARTER C J PetitionerAppellant Ivory L Simon an inmate in the custody of the Louisiana Department of Public Safety and Corrections filed a petition for mandamus relief on March 23 2010 alleging he had not timely received the second step response to his request for relief filed under Administrative Remedy Procedure No ALC2009 787 Defendant filed a response indicating that the second step response was issued on February 23 2010 Following a de novo review the district court adopted the commissioner October 11 2010 report as s its reasons for dismissing Simon claim as moot Simon now appeals s As set forth in the commissioner report the relief requested in the writ of s mandamus has been obtained by Simon and no further mandamus relief is available After a review of the record herein we agree with the commissioner s analysis and conclude that Simon timely received the second step response to his request for relief thus rendering his request for mandamus relief moot See State v Malone 082253 La 12 25 So 3d 1 116 09 1 3 For the reasons set forth herein we affirm the district court judgment by s summary opinion in accordance with Uniform Rules 5 2A 16 Courts of Appeal Rule 2 Costs of this appeal are assessed to the petitionerappellant Ivory L Simon AFFIRMED K

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