Henry Gray v. State of Louisiana

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

07-56

HENRY GRAY VERSUS STATE OF LOUISIANA, ET AL.

********** APPEAL FROM THE SEVENTH JUDICIAL DISTRICT COURT PARISH OF CATAHOULA, NO. 23,375 HONORABLE LEO BOOTHE, DISTRICT JUDGE

********** JAMES T. GENOVESE JUDGE

**********

Court composed of Michael G. Sullivan, Glenn B. Gremillion, and James T. Genovese, Judges.

APPEAL DISMISSED. APPELLANT IS PERMITTED TO FILE AN APPLICATION FOR SUPERVISORY WRITS.

Henry Gray Union Parish Detention Center Post Office Box 749 Farmerville, LA 71241 PRO SE PLAINTIFF/APPELLANT: Henry Gray

John C. McNeese William F. Bologna & Associates 1515 Poydras Street, Suite 2323 New Orleans, LA 70112 (504) 524-2323 COUNSEL FOR DEFENDANTS/APPELLEES: Catahoula Correctional Center, et al. GENOVESE, Judge.

On January 24, 2007, this court issued a rule for the plaintiff-appellant,

Henry Gray, to show cause, by brief only, why the instant appeal should not be

dismissed as having been taken from a non-appealable, interlocutory order.

For the reasons assigned below, we dismiss the appeal.

The pro se appellant filed a “Petition for Writ of Habeas Corpus” in

district court against the “State of Louisiana Catahoula Correction Center

Warden Ronnie Books & Capt. Little, Sgt. Atkins, Officer Ben Doe” on

October 1, 2004. Thereafter, appellant filed a “Motion for Judgment on Offer

of Judgment” on November 15, 2006. The motion sought damages for his

personal property being taken, and included a copy of a letter from defense

counsel offering a settlement in the amount of two hundred dollars. Following

a hearing on December 4, 2006, the trial court denied the motion, and the

appellant immediately made an oral Notice of Intent to Appeal/Seek

Supervisory Writs. The trial court signed the written judgment on January 11,

2007. The record in this appeal was lodged in this court on January 17, 2007.

The judgment appealed, which denies the appellant’s motion for

judgment on offer of judgment, does not decide the merits of this case and is

interlocutory. La.Code Civ.P. art. 1841. Therefore, we hereby dismiss the

instant appeal at appellant’s cost. Henry Gray, appellant is hereby permitted

to file a proper application for writs in compliance with Uniform

Rules—Courts of Appeal, Rule 4, no later than March 22, 2007. The appellant

is not required to file a notice of intent to seek writs nor obtain an order setting

a return date pursuant to Uniform Rules—Courts of Appeal, Rule 4–3 as we

1 hereby construe the motion for appeal as a timely filed notice of intent to seek

a supervisory writ.

APPEAL DISMISSED. APPELLANT IS PERMITTED TO FILE AN APPLICATION FOR SUPERVISORY WRITS.