No. 19-5135

Joseph Ballard v. Louisiana Department of Public Safety and Corrections

Lower Court: Louisiana
Docketed: 2019-07-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-courts automatic-stay centralized-inmate-banking dismissal due-process equal-protection meaningful-access-to-courts prison-litigation-reform-act statutory-automatic-stay
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Is Louisiana obligated to implement and maintain a Centralized Inmate Banking System?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Is Louisiana obligated to implement and maintain a Centralized Inmate Banking System capable of withdrawing and forwarding timely accurate state prisoner pauper payments as required under the Louisiana Prison Litigation Reform Act (LSA-R.S. 15:1179 et. seq.) to prevent violations of due process, equal protection of the laws and meaningful access to the courts through statutory application of the autom atic stay, abandonment and dismissal provisions of the LPLRA? 2. Has Louisiana’s failure to implement and maintain a DPS&C Centralized Inmate Banking System capable of withdrawing and forwarding timely and accurate state prisoner pauper payments as required under the Louisiana Prison Litigation Reform Act (LSA-R.S. 15:1179 et. seq.) violated Mr. Ballard’s right to Due Process, Equal Protection of the Laws and Meaningful Access to the Courts ; as contemplated in Bounds v. Smith, 430 U.S. 817, 821, 97 S.Ct 1491, 1494, 52 L_Ed.2d 72 (1977), clarified in Lewis v. Casey, 518 U.S. 343, 353, n. 3, 116 S.Ct. 2174, 135 L-Ed2d 606 (1996),' through application of the statutory automatic stay, abandonment and dismissal provisions of the LPLRA, in violation of USCA J and USCA 14? . : ¢ [See also Melzer u. ©. Buck LeGraw & Co., 91 S.Ct. 1624, 402 US. 936, (US. Ga. 1970, pre-dating implementation of the federal and Louisiana State Prison Litigation Reform Act i “

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-08
Waiver of right of respondent LA DOC to respond filed.
2019-07-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2019)

Attorneys

Joseph Ballard
Joseph Ballard — Petitioner
Joseph Ballard — Petitioner
LA DOC
Elizabeth Baker MurrillOffice of the Attorney General, Respondent
Elizabeth Baker MurrillOffice of the Attorney General, Respondent