Clay v. Epps
| Docket Number: | 2005-CP-01855-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-30-2007 Opinion Author: GRIFFIS, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Administrative Remedy Program - Timeliness of appeal - Section 47-5-807 Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, BARNES, ISHEE AND ROBERTS, JJ. Non Participating Judge(s): CARLTON, J. Procedural History: Dismissal Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 08-24-2005 Appealed from: Greene County Circuit Court Judge: Robert P. Krebs Disposition: COMPLAINT DISMISSED. Case Number: 2005-04-043(1) |
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| Party Name: | Attorney Name: | |||
| Appellant: | LOUIS CLAY, JR. |
LOUIS CLAY, JR. (PRO SE) |
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| Appellee: | CHRISTOPHER EPPS, RONALD KING, JAMES BREWER, DARLESTER FOSTER, LETITIA ROACH, BOBBY KING, DAVID GUESS, BRENDA SIMS, DANIEL PAFF, AND LYNN MOODY, IN THEIR OFFICIAL CAPACITIES WITH THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AND JOHN SMITH, INDIVIDUALLY | JANE L. MAPP |
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| Topic: | Administrative Remedy Program - Timeliness of appeal - Section 47-5-807 |
| Summary of the Facts: | Louis Clay, Jr., filed a grievance with the Administrative Remedy Program of the Mississippi Department of Corrections. After receiving an adverse decision, he filed a complaint in circuit court. The judge dismissed his complaint as untimely. Clay appeals. |
| Summary of Opinion Analysis: | Clay argues that the court erred in dismissing his complaint, because he did not receive notice of the adverse decision until March 24, and he mailed his complaint within thirty days of this notice. Clay timely sought judicial review in this case. He acknowledged receipt of the Third Step Response denial of his claim, March 24, 2005. The prison mail log indicates Clay mailed “legal mail” to the Greene County Circuit Clerk’s office on April 20. This is the only mailing he sent to the circuit clerk. Therefore, Clay’s complaint was filed within thirty days of receiving notice of the adverse decision as required by section 47-5-807. |
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