MICHAEL JOSEPH NILIO
v.
RICKY D. DIXON, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS AND THE WARDEN, MR. MIDDLEBROOKS, GRACEVILLE CORRECTIONAL INSTITUTION, AN M.T.C. PENALIZED PRISON CORPORATION, ET AL.
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This case involves a prisoner's petition for a writ of mandamus seeking to compel the Department of Corrections to report an assault, preserve evidence, and transfer him. The appellate court transferred the case to the appropriate circuit court, stating that circuit courts generally have authority over such actions.
Circuit courts typically have authority over mandamus actions stemming from a department of correction's failure to act. Therefore, the appellate court transferred the case to the appropriate circuit court.
[1] Circuit courts have authority to hear mandamus petitions challenging a Department of Corrections' failure to act, particularly after an inmate has exhausted administrativ…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[C]ircuit courts typically have authority over mandamus actions stemming directly from a department of correction’s failure to act.”
Establishes the general jurisdiction for mandamus actions against the Department of Corrections.
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Join FLexlaw to unlock all legal intelligenceThe petitioner, a prisoner, filed a petition for a writ of mandamus against the Florida Department of Corrections. He sought to compel the department …
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PER CURIAM.
In this mandamus petition, Petitioner seeks to compel the Florida Department of Corrections to report an assault and battery committed on him to the sheriff’s office, to preserve the video evidence, and to submit the video evidence to the sheriff’s office for investigation. Petitioner also requests the Court to compel the Department of Corrections to transfer him from Graceville Correctional Institution to a different correctional institution.
“[C]ircuit courts typically have authority over mandamus actions stemming directly from a department of correction’s failure to act.” Scott v. State, 130 So. 3d 741, 742 (Fla. 3d DCA 2014) (citing Bush v. State, 945 So. 2d 1207, 1210 (Fla. 2006) (“[O]nce a prisoner has exhausted administrative remedies, he or she generally may seek relief in an original proceeding filed in circuit court as an extraordinary writ petition.”) (emphasis added))). Circuit courts are also better equipped to handle extraordinary writs petitions that may involve fact-finding. See Harvard v. Singletary, 733 So. 2d 1020, 1022 (Fla. 1999).
Pursuant to Florida Rule of Appellate Procedure 9.040(b), the Court transfers this cause to the Second Judicial Circuit in and for Leon County. The transfer of this case should not be construed as an adjudication or comment on the merits of the petition, as a determination that the transferee court has jurisdiction, or that the petition is properly designated as a petition for writ of mandamus. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition. The transferee court must treat the petition as if it had been originally filed there on the date that it was filed in this court. The Court defers all pending motions in this case to the transferee court. Any future pleadings regarding this case should be filed in the above-mentioned circuit court. B.L. THOMAS, RAY, and LONG, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Corbblin Bush v. State, 945 So. 2d 1207 (Fla. 2006)
- Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999)
- Pleadro J. Scott v. State, 130 So. 3d 741 (Fla. 3d DCA 2014)