Eric Richardson Versus 24th Judicial District Court Parish of Jefferson

Opinion

ERIC RICHARDSON NO. 24-KH-529

VERSUS FIFTH CIRCUIT

24TH JUDICIAL DISTRICT COURT COURT OF APPEAL PARISH OF JEFFERSON STATE OF LOUISIANA

November 18, 2024

Linda Wiseman First Deputy Clerk

IN RE ERIC RICHARDSON

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JUNE B. DARENSBURG, DIVISION "C", NUMBER 16-6969

Panel composed of Judges Susan M. Chehardy, Stephen J. Windhorst, and Timothy S. Marcel

WRIT DENIED

Relator, Eric Richardson, seeks mandamus relief from this Court that would order the 24th Judicial District Court to rule on his Motion Requesting a Rehearing and/or Reconsideration of Judgment and Notice of Intent to Seek Writs. For the following reasons, we deny mandamus relief.

In his request for mandamus relief, relator contends he filed his motion and notice of intent in the district court on February 19, 2024, following the district court’s February 1, 2024 ruling denying his Motion Alleging Lack of Subject Matter Jurisdiction of an Illegal Habitual Offender Sentence. However, review of the official record does not show that relator’s Motion Requesting a Rehearing and/or Reconsideration of Judgment and Notice of Intent to Seek Writs was filed in the district court on February 19, 2024, or any date thereafter with respect to the district court’s February 1, 2024 ruling. In support of his claim of filing, relator submitted unstamped copies of his motion and notice of intent in his request for mandamus relief. However, unstamped copies are insufficient proof of filing. In addition, relator has failed to provide any proof of the mailing of his motion, i.e., receipt from the prison mailing system.

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On the showing made, we are unable to verify relator’s assertion that he filed the motion and notice of intent with the district court. In the absence of proof of filing, we are unable to grant mandamus relief.

Accordingly, the writ application is denied.

Gretna, Louisiana, this 18th day of November, 2024.

TSM SMC SJW

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SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ

FREDERICKA H. WICKER CHIEF DEPUTY CLERK

JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR.

FIRST DEPUTY CLERK

SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET

JUDGES 101 DERBIGNY STREET (70053)

DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX

www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 11/18/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-KH-529

E-NOTIFIED 24th Judicial District Court (Clerk) Honorable June B. Darensburg (DISTRICT JUDGE) Thomas J. Butler (Respondent)

MAILED Eric Richardson #125418 (Relator) Rayburn Correctional Center 27268 Highway 21 Angie, LA 70426