Dale F. McKissick VS Mr. James M. LeBlanc, Secretary; Mr. R. Henderson, Warden; Ms. C. Hebert, Records Analyst; Ms. L. Ramsey, Designee for Secretary & Other Agents As They May Appear In Individual & Official Capacities
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCLTIT 2012 CA 1557 DALE F MCKISSICK VERSUS MR JA S M LEBLANC SECRETARY MR R HENDERSON WARDEN MS C HEBERT RECORDS MS L RAMSEY ANALYST DESIGNEE FOR SECRETARY AND OTHER AGENTS AS THEY MAY APPEAR IN INDIVIDUAL AND OFFICIAL CAPACITIES DATE OFJUDGMENT J Z013 ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT COURT JMBER 599 SEC 25 PARISH OF EAST BATON ROUGE N 202 STATE OF LOLTISIANA HONORABLE WILSON FIELDS Judge Dale F McKissick Pro Se Houma Louisiana Debra A Baton Rutledge Rouge Louisiana Counsel for Defendant Appellee James M LeBlanc Secretary BEFORE KIJf 1PETTIGREW AND McDONALD JJ Disposition AFFIRMED KiJHN J Appellant Dale M McKissick formerly an incarcerated prisoner appeals the district court judgment sustaining an exception of lack of subject matter s jurisdiction filed by appellee James M LeBlanc Secretary of the Department of Public Safety and Corrections DPSC and dismissing without prejudice his petition for judicial review We affirm As explained to appellant by the commissioner because he has been released from incarceration his claim far judicial review of DPSC officials denial of relief pursuant to the Louisiana Corrections Administrative Remedy Procedure wherein he averred that calculations in his sentence had been made is moot See Williams v Int Offshore Services LLC 2011 La App lst Cir 12 Z 1240 12 7 106 So3d 212 218 writ denied 2013 La 3 l06 So 367 a 0259 13 8 3d justiciable controversy is one presenting an existing actual and substantial dispute involving the legal relations of parties who have real adverse interests and upon whom the judgment of the court may effectively operate through a decree of conclusive character Appellant urges that his entitlement to relief is not moot because as a pretrial detainee at the time he filed this petition for judicial review he had a reasonable expectation that computation errars may reoccur But we find such speculation insufficient to create a justiciable controversy Thus the district court correctly sustained DPSC exception raising the objection of lack of subject matter s jurisdicrion and dismissed his petition In his brief to this court appellant asserts that a petition for damages filed in the Thirty Sixth Judicial District Court was dismissed as untimely due to jail transfers He urges that as such this court is required to apply a liberal construction to his pleading and review a ruling by the Nineteenth Judicial District Court dismissing without prejudice as having been filed in improper venue an earlier filed petition for damages arising out of the same factual assertions ithat e defendants have miscalculated his sentence Because this court lacks subject matter jurisdiction to review the propriety of the judgment signed on January 18 2011 see La R 15 S 1177A 5 1 10 limiting review to the issues presented in the petition for review and permitting an offendex to appeal a final judgment of the district court to the appropriate court of appeal the matter is not properly before us 2 DECREE Accordingly in conformity with the reasons set forth in the commissioner s recommendation finding appellant entitlement to relief moot and concluding that s the court lacks subject matter jurisdiction to review the claims asserted in his petition for judicial review we affirm the district court judgment dismissing his petition without prejudice Appeal costs are assessed against appellant Dale F McKissick AFFIRMED 3
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