MICHAEL D. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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COWART, Judge.
The trial court denied the petition for writ of habeas corpus filed by an inmate in a correctional institution which alleged that the institution failed to follow Department of Corrections rules in a proceeding resulting in the forfeiture of the inmate’s gain time for fighting. The inmate appeals.
The petition does not allege, nor does the record show, that the inmate exhausted his administrative remedies by way of Florida 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). Therefore, the denial of the writ is
AFFIRMED.
DAUKSCH and ORFINGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Runner O. Santana v. Henry, 12 So. 3d 843 (Fla. 1st DCA 2009)…la. 1st DCA 1993) (alleged misclassification); Van Poyck v. Dugger, 579 So. 2d 346, 347 (Fla. 1st DCA 1991) (alleged poor ventilation), or gain-time calculations not affecting DOC’s current right [*846] to hold the petitioner, see Williams v. State, 519 So. 2d 723, 724 (Fla. 5th DCA 1988); Sutton v. Strickland, 485 So. 2d 25, 25 (Fla. 1st DCA 1986), or anything less than a state prisoner’s alleged right to immediate release from custody. “The writ of habeas corpus is a high prerogative writ of ancient origin…
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Vallejo v. State, 545 So. 2d 506 (Fla. 5th DCA 1989)…he appellant, Pedro Luis Vallejo appeals the denial of his petition for writ of habeas corpus. The petition does not allege, nor does the record show that the relief requested would entitle the appellant to immediate release. See, Williams v. State, 519 So. 2d 723 (Fla. 5th DCA 1988); Netherly v. Dugger, 513 So. 2d 259 (Fla. 2d DCA 1987) and Brown v. Wainwright, 498 So. 2d 679 (Fla. 1st DCA 1986). Therefore, the trial court’s denial of the writ is AFFIRMED. SHARP, C.J., and DANIEL, J., concur.…
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Hamby v. State, 619 So. 2d 972 (Fla. 5th DCA 1993)…the petition. Habeas corpus relief is not available as a remedy to contest loss of gain time unless an inmate is being unlawfully detained and is entitled to an immediate release. See Thomas v. Dugger, 548 So. 2d 230 (Fla.1989); Williams v. State, 519 So. 2d 723 (Fla. 5th DCA 1988). If Hamby has exhausted his administrative remedies, he may be entitled to seek a writ of mandamus in the circuit court to compel lawful application of gain time rules. See, e.g., Crain v. State, 579 So. 2d 411 (Fla. 2d DCA 1991)…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Griggs v. Louie L. Wainwright, 473 So. 2d 49 (Fla. 1st DCA 1985)
- Sutton v. Superintendent Clayton Strickland, Jr., 485 So. 2d 25 (Fla. 1st DCA 1986)
- Alton D. Brown v. Louie L. Wainwright, 498 So. 2d 679 (Fla. 1st DCA 1986)
- Netherly v. Dugger, 513 So. 2d 259 (Fla. 2d DCA 1987)