EUGENE THILL, APPELLANT,
v.
WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 1st DCA | 2008-12-16
No. 1D07-3664
KAHN, WEBSTER, and VAN NORTWICK, JJ., concur.
996 So. 2d 953 Florida District Court of Appeal, First District (2008)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Eugene Thill, formerly an inmate in the Department of Corrections, seeks review of a final order dismissing his petition for a writ of mandamus in which he challenged the Department’s calculation of gain time credits. Because official records indicate, and the State has confirmed, that Mr. Thill was released from prison during the pendency of this appeal, we dismiss the appeal as moot. See Doty v. Fla. Dep’t of Corrections, 964 So. 2d 258, 258-59 (Fla. 1st DCA 2007); Moore v. Moore, 764 So. 2d 676, 677 (Fla. 1st DCA 2000) (“A petition that goes to the length of confinement, rather than to the fact of confinement, is mooted by the inmate’s release.”).

DISMISSED.

KAHN, WEBSTER, and VAN NORTWICK, JJ., concur.


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