JACKSON v. KAYLO

No. 96 CW 2775.

709 So.2d 820 (1998)

Barton JACKSON v. Baron KAYLO, Warden; Ken Foster, Assistant Warden; Sergeant Debra Mitchel and United Parcel Service.

Court of Appeal of Louisiana, First Circuit.

February 20, 1998.


Attorney(s) appearing for the Case

Barton Jackson, Cottonport, for Plaintiff.

Ruth Bailey-Wesley, Assistant Attorney General, Baton Rouge, for State of Louisiana.

R. Beauregard Bradford, Alexandria, for Defendant Warden Baron Kaylo, et al.

Before FOIL, WHIPPLE and KUHN, JJ.


FOIL, JUDGE.

At issue in this appeal is whether an inmate's cause of action against the state is extinguished by his failure to initiate the administrative remedy within 30 days of the date of the incident giving rise to the lawsuit. We hold that under the facts of this case, the trial court properly dismissed this prisoner suit without prejudice pending the initiation of the administrative grievance procedure, and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND...

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