Donald Pickett v. M. Sergeant Tedrick Knox and State of Louisiana Department of Public Safety and Corrections Louisiana State Penitentiary

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT DONALD PICKETT NO. 2024 CW 0040

VERSUS

M. SERGEANT TEDRICK KNOX AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS LOUISIANA STATE MARCH 13, 2024 PENITENTIARY

In Re: Donald Pickett, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 24188.

BEFORE: GUIDRY, C.J., CHUTZ AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The district court's December 18, 2023 judgment, which granted the exception of prematurity filed by defendants and ordered that "this case is hereby dismissed, without prejudice," is a final, appealable judgment pursuant to Louisiana Code of Civil Procedure article 1915 (A) ( 1) . Therefore, the writ is granted for the limited purpose of remanding this matter to the district court with instructions to grant an appeal to plaintiff, Donald Pickett, pursuant to the pleading that notified the district court of plaintiff's intention to seek writs. See In re Howard, 541 So.2d 195, 197 (La. 1989) (per curiam). In the event plaintiff, Donald Pickett, seeks to appeal the district court's judgment, plaintiff shall submit an order for appeal to the district court on or before thirty days from the date of this court's order. Additionally, a copy of this court's order is to be included in the appellate record.

JMG WRC WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT