James Thomas v. Warden Jason Russ and The State of Louisiana through Louisiana Department of Public Safety and Corrections, Elayn Hunt Correctional Center

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

JAMES THOMAS NO. 2021 CW 1261

VERSUS

WARDEN JASON RUSS AND THE

STATE OF LOUISIANA THROUGH
LOUISIANA DEPARTMENT OF
PUBLIC SAFETY AND
DECEMBER 30, 2021
CORRECTIONS, ELAYN HUNT
CORRECTIONAL CENTER

In Re: James Thomas, applying for supervisory writs, 18th
Judicial District Court, Parish of Iberville, No.
80586.

BEFORE: WHIPPLE, C. J., PENZATO AND HESTER. JJ.

WRIT NOT CONSIDERED. The order was signed on June 23,
2021, but the writ application does not contain evidence of the
date notice of that order was sent to plaintiff. Plaintiff
filed a notice of intent to seek writs on July 29, 2021. The
return date order was signed on September 10, 2021, and set a

return date " as allowed by law." The writ application was filed
on October 15, 2021. Under La. Code Civ. P. art. 1914( B), it
appears the writ application is untimely.

Supplementation of this writ application and/ or an

application for rehearing will not be considered. Uniform Rules
of Louisiana Courts of Appeal, Rules 2- 18. 7 and 4- 9.

If plaintiff seeks to file a new application with this
court, it must contain all pertinent documentation showing
timeliness and must comply with Uniform Rules of Louisiana
Courts of Appeal, Rule 2- 12. 2. Any new application must be
filed on or before January 13, 2022, and must contain a copy of
this ruling.

VGW
AHP
CHH

COURT OF APPEAL, FIRST CIRCUIT

l

DEPUT ERK OF COURT
FOR THE COURT