CARL GRIGGS, APPELLANT,
v.
LOUIE L. WAINWRIGHT, APPELLEE
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The court held that the trial court correctly denied the petition for writ of habeas corpus because the petitioner failed to exhaust administrative remedies.
Appellant filed a petition for writ of habeas corpus, alleging insufficient information for confinement and denial of due process/equal protection. Th…
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WIGGINTON, Judge.
Appellant filed a petition for writ of ha-beas corpus, alleging that there was insufficient information to place him in close management confinement, and that, although he was accorded a hearing, he had no opportunity to present a defense, thus being denied due process and equal protection of the laws. The trial court denied the petition on the basis that it did not appear appellant had exhausted his administrative remedies. We affirm the trial court’s denial of appellant’s petition for writ of habeas corpus.
Prior to seeking extraordinary relief by way of habeas corpus, a petitioner challenging his administrative confinement status must first exhaust his administrative remedies by way of rule 33-3.07, Florida Administrative Code, the Department of Corrections’ inmate grievance procedure. Williams v. Wainwright, 428 So. 2d 725 (Fla. 1st DCA 1983).1 This affirmance is without prejudice to appellant’s right to exhaust available administrative remedies.
BOOTH, C.J., and BARFIELD, J., concur. . Appellant relies in part on this Court's decision in Granger v. Florida State Prison, 424 So. 2d 937 (Fla. 1st DCA 1983). Although in Granger, we reversed a trial court’s summary dismissal of the petition for writ of habeas corpus since there were specific allegations which, if true, would establish that the State failed to comply with its own rules and requirements, it does not appear that in that case the issue of exhaustion of administrative remedies was ever raised.
Cases With Similar Vibessemantic neighbors from the corpus
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Williams v. State, 519 So. 2d 723 (Fla. 5th DCA 1988)…show, that the inmate exhausted his administrative remedies by way of Florida [*724] Administrative Code Rule 33-3.007 (the Department’s inmate grievance procedure). See Sutton v. Strickland, 485 So. 2d 25 (Fla. 1st DCA 1986); Griggs v. Wainwright, 473 So. 2d 49 (Fla. 1st DCA 1985). Further, the petition fails to allege that the relief requested would entitle the inmate to immediate release. See Netherly v. Dugger, 513 So. 2d 259 (Fla. 2d DCA 1987); Brown v. Wainwright, 498 So. 2d 679 (Fla. 1st DCA 1986). T…
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Bentley v. State, 769 So. 2d 430 (Fla. 4th DCA 2000)…D.Fla.1997). The court denied relief on this ground based solely on its finding that Bentley did not provide proof that he first exhausted all administrative remedies, a condition precedent to receiving such relief. See, e.g., Griggs v. Wainwright, 473 So. 2d 49, 49-50 (Fla. 1st DCA 1985). However, and as the state concedes, Bentley 'exhausted these remedies and, as such, the trial court departed from the essential requirements of law in ruling that he did not. We deny the petition on all other grounds rai…
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Seccia v. Louie L. Wainwright & Fla. Parole & Prob. Comm'n, 517 So. 2d 80 (Fla. 1st DCA 1987)…c-cia’s motion for rehearing, Seccia appeals. Seccia’s allegations that he was improperly put into administrative confinement are not properly before this court because Seccia failed to exhaust his administrative remedies. See Griggs v. Wainwright, 473 So. 2d 49 (Fla.lst DCA 1985) (prior to seeking extraordinary relief by way of habeas corpus, prisoner challenging his administrative confinement status must first exhaust his administrative remedies). As to Seccia’s second contention, we find that an issue o…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Granger v. Fla. State Prison & Bill Price, 424 So. 2d 937 (Fla. 1st DCA 1983)
- Williams v. Louie L. Wainwright, 428 So. 2d 725 (Fla. 1st DCA 1983)