Ballard

BACKGROUND

Ballard filed an inmate grievance1 within the prison system. After the grievance was “disapproved,” he filed an administrative appeal. When Ballard received no response on his administrative appeal, he filed the instant writ petition in superior court, seeking to compel the prison to process his appeal, and prevent the prison from “deliberately obstructing” his attempt from “exhaust[ing]” remedies. The Attorney General appeared on the prison’s behalf and claimed Ballard “did not” and “never filed” an appeal to process. It supported the claim by declaration, in which “a custodian of records” swore there was “[n]o record of any … appeal[.]” “Based on that,” the trial court denied the writ petition “with prejudice.” Shortly after the trial court denied the writ petition, the prison, and subsequently Ballard, learned Ballard’s administrative appeal was misplaced—it was now considered “outdated correspondence.” Ballard filed a “motion for relief from a void judgment and order,” claiming “the judgment entered [against him] was based upon a fraudulent declaration[.]” The Attorney General responded to Ballard’s motion, contending the “judgment [was] not void,” acknowledged it…