ADAMS v. STERLING (2021)

Supreme Court of Louisiana.

Leslie ADAMS v. Captain Thomas STERLING and State of Louisiana Through Louisiana Department of Public Safety and Corrections, Louisiana State Penitentiary

No. 2021-CC-00598

Decided: June 22, 2021

Writ application denied.

As an inmate proceeding in forma pauperis, plaintiff's suit was stayed pending full payment of “all costs or fees due to the clerk.” La. R.S. 15:1186(B)(2)(a). This applies to “all proceedings, including any service of process.” Id. However, because the suit is against the State, plaintiff is mandated to request service within ninety days of its filing. See La. R.S. 13:5107. Failure to request service within ninety days of the filing of the suit poses the risk of plaintiff's suit being involuntarily dismissed once all fees are paid in full. In my view, the trial court's ruling would prevent this risk and preserves the request for service plaintiff made while still conforming to the requirements of La. R.S. 15:1186(B)(2)(a).

Hughes, J., would grant. Griffin, J., would grant and assigns reasons.

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