Walter Houston, Jr. VS Louisiana Department of Public Safety and Corrections

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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT WALTER N0 JR HOUSTON 2013 CW 0855 VERSUS LOUISIANA PUBLIC DEPARTMENT SAFETY OF AND S E P 2 4 2013 CORRECTIONS In Walter Re Houston Rouge No WRIT for supervisory Parish Court McDONALD AND MeCLENDON IN GRANTED challenges the applying of writs East Baton 609184 PETTIGREW BEFORE Jr District Judicial 19th PART fact of his AND DENIED JJ IN PART Relator confinement and claims he is entitled to immediate release because although his original custody was lawful the alleged failure to transfer the proper documents to the penal institution resulted in his custody becoming unlawful Manuel v Stalder 2004 La App lst Cir 12 928 1920 O5 22 2d So 24 27 00 12 5 762 789 Fredrick 2d So See 2d So 581 892 Based petition we on 144 La our find v writ Code denied Crim P reading that it 0616 99 Ieyoub of La 1811 2000 arts the 351 App La Cir O1 12 4 2 362 allegations constitutes lst in 3 362 s relator true a habeas corpus petition which must be filed in Winn Parish the parish of 352 5ee La Code Crim P art Accordingly the custody district court lacked jurisdiction to address relator claims s and the dismissal of relator petition based on improper venue s was See P art C La B 932 proper However because the district lacked court jurisdiction it improperly reached the merits of the claims and improperly ordered that the dismissal be with strike and and prejudice under 1188 that the the that Prison the dismissal Litigation be Reform Act considered La S R a 1187 Accordingly the application is granted to the extent portion of the judgment pertaining to the strike is vacated We dismissal judgment without To be prejudice other relief it is denied amend further shall application seeks the PMc JTP JMM COURT OF APPEAL FIRST CIRCUIT 4 u1 L E O Q PUTY CLERK OF COURT FOR THE COURT to the provide extent that the

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