Summary
In Muntz v. Lensing, 96-0230 (La. 3/8/96), 668 So.2d 1147, an inmate sought judicial review of the Department of Public Safety and Corrections' alleged failure to provide him with needed medical treatment. At the district court level, the clerk of court had returned the application for judicial review because the application was incomplete.
Summary of this case from Poullard v. MichaelOpinion
No. 96-CP-0230
March 8, 1996
IN RE: Muntz, Arthur; — Plaintiff(s); Applying for Supervisory and/or Remedial Writ; Parish of East Baton Rouge 19th Judicial District Court Div. "A" Number 404,546; to the Court of Appeal, First Circuit, Number CA95 0751
Granted with order. See per curiam.
In this administrative proceeding relating to the Department of Safety and Corrections' alleged failure to provide relator with needed medical treatment, relator seeks review of the district court's dismissal, and the appellate court's affirmation of that dismissal, of his application for judicial review as untimely.
The application for judicial review, although incomplete, was filed within thirty days of the notice of denial of relief and was timely. La.Rev.Stat. 15:1177A. The district court erred in allowing its clerk of court to return the incomplete application rather than filing the application and requiring supplementation within a specified reasonable period of time.
Accordingly, the application is granted, the judgments of the lower courts are set aside, the exception of prescription is overruled, and the case is remanded to the district court to consider the merits of relator's timely filed application, as supplemented.