BAZILE v. STRINGER (2021)

Writ application denied.

I agree with Judge Guidry in that Mr. Bazile's claim is governed by La. C.C.P. art. 5181(A). Mr. Bazile is no longer incarcerated or imprisoned; thus, he no longer has a “prisoner status” and lacks a “prisoner's account” to pay into under La. R.S. 15:1186(B)(1). As an inmate proceeding in forma pauperis, Mr. Bazile's suit was stayed pending full payment of “all costs or fees due to the clerk.” La. R.S. 15:1186(B)(2)(a).

Mr. Bazile seeks to continue the litigation of his claim as private citizen. It is widely known that when a private citizen files for in forma pauperis status, upon a showing of a lack of means, the litigant may proceed without paying the costs in advance. La. C.C.P. art. 5181. Court costs and fees are due upon the conclusion of the matter.

Respectfully, I find the instant result absurd. In the interest of justice, and as would any other in forma pauperis litigant, Mr. Bazile should be allowed to move forward with his claim against defendants and furnish costs and fees when the case resolves. Without this ability, Mr. Bazile's claim will ultimately become abandoned and dismissed without prejudice after three years from which the court costs or fees were incurred. See La. R.S. 15:1186(B)(2)(c).

Hughes, J., would grant for the reasons assigned by Justice Griffin. Genovese, J., would grant for the reasons assigned by Justice Griffin. Griffin, J., would grant and assigns reasons.