Harold Joe Black VS Winn Correctional Center, Mona Heyse, Mary Harris, La Board of parole Members A.C. Lowe, Jim Herford and Fred Clark, Keith Barker, Sheriff Maxwell of Concordia Parish, Tim Wilkson
Annotate this Case
Download PDF
NOT DESIGNATED FOR PUBLTCATION STATE OF LOUISIANA COURT QF APPEAL FIRST IRCU T N0 2013 CA 1154 HAROLD JOE BLACK VERSUS WINN CORRECTION CENTER, ET AL, MONA HEYSE QJudgment rendered j 4 Cti t k Appealed from the 19"' Judicial Distrid Court in and for the Parish of East Baton Rouge, Louisiana y, Trial Court No. C612768 I" Honorable Todd Hernandez, Judge HAROLDJOE BLACK PRO SE PLAIN DEALING, LA PLAINTIFF-APPELLANT JONATHAN R. VINING ATTORNEY FOR BATON ROUGE, LA DEFENDANT-APPELLEE DEPARTMEM" OF PUBLIC SAFEfY AND CORRECTIONS BEFORE: PETTIGREW, McDONALD, AND McCLENDON, ] J. PETTIGREW, ). Piaintiff-appellant Harold Joe Black, an inmate in the custody of the Department of Public Safety and Corrections, filed a petition for judicial review of a final agency decision rendered under the Corrections Administrative Remedy Procedure Act, La. R.S. 15: 1171, et seq. The trial court's Commissioner, Nicole Robinson, issued a comprehensive report detailing the administrative history of the request for administrative remedies, its underlying facts, its disposition, the applicable legal issues, and her finding and recommendation that the petition be dismissed as untimely. Following careful de novo review of the record, the trial court adopted the Commissioner' s report as its reasons for judgment and dismissed the suit as untimely, with prejudice, and at plaintiff's cost. Mr. Black now appeals that judgment, arguing that he timely sought judicial review of the final agency decision. The Commissioner's report gives an excellent review of the timeline of relevant events herein. Most pertinent, we note that on February 6, 2004, screening officer Mona Heyse dismissed Mr. Black's administrative remedy procedure request, captioned as WNC- 2004- 121, as untimely. On June 8, 2012, some eight years later, Mr. Black sought review of the agency decision by filing a petition for judicial review with the 19' Judicial District Court.l Louisiana R.S. 15: 1177 provides the procedure that may be invoked by any offender who is aggrieved by an adverse decision by the Department of Public Safety and Corrections or a contractor operating a private prison facility rendered pursuant to any administrative remedy procedures. The statute states that"[ p] roceedings for review may be instituted by filing a petition for review in the district court within thirty days after receipt of Emphasis the notice of the final decision added.) by the agency. . . ." La. R. S. 15: 1177(A)( 1)( a). Insofar as Mr. Black did not seek review of the dismissal of his administrative remedy procedure request within thirty days of notice of the agency's decision, his petition for judicial review was untimely. It is well established that the The Petition for ] udicial Review was signed by Mr. Black on May 12, 2012, and is file stamped as having been received by the Deputy Clerk of the Court for the 19"' Judicial District Court on May 30, 2012. It was subsequently filed on June 8, 2012. 2 petition for judicial review must be timely fiied ir rder for the jurisdiction of the reviewing court to attach. Tatum v. Lynn, 93- 1559 Lao A,pp. 1 Cir. 5/ 20/ 94), 637 So. 2d 796, 797. Finding the Commissioner' s report arch 6, 2013, and the trial court's dated judgment dated Apri4 9, 2013, adeq at ly st t c+ rreasons for judgment, we affirm the ur judgment of the trial court. We ossue thi se mm ry opinion in accordance with Uniform Rules Courts of Appeal, Rule 2- 16. 2A( 1), ( 2), 5, ( 6), and ( SO). Ail costs associated with this appeal are assessed against the plaintifF-appellant, Harold Joe Black. AFFIRMED. 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
