DEXTER D. WOULLARD, PETITIONER,
v.
K. BISHOP, CO.1 OFFICER, SGT. GILLARD, C.W. KIRKLAND, ASST. SUPT., T. VARNES, SUPT., AND MICHAEL W. MOORE, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENTS
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The court quashed a summary denial of habeas corpus relief and remanded for further proceedings, holding that a prisoner's allegations were sufficient to make a prima facie showing of exhaustion of administrative remedies required for judicial review of prison disciplinary proceedings.
A prisoner's allegations in a petition challenging prison disciplinary proceedings must be evaluated for sufficiency to show prima facie exhaustion of administrative remedies before summary denial.
[1] A petition challenging prison disciplinary proceedings, although styled as habeas corpus, is properly characterized as seeking mandamus relief and requires exhaustion of…
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Join FLexlaw to unlock all legal intelligenceDexter Woullard petitioned for habeas corpus relief challenging the outcome of two prison disciplinary proceedings. The circuit court summarily denied…
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PER CURIAM.
Dexter D. Woullard petitions for review of an order denying his petition for writ of habeas corpus, in which he challenged the outcome of two prison disciplinary proceedings. The circuit court summarily denied relief upon a finding that the review of disciplinary proceedings is a matter properly handled internally by the Department of Corrections, and that Woullard had failed to demonstrate the exhaustion of available administrative remedies. We quash the circuit court’s order and remand for further proceedings.
Although Woullard styled his petition as seeking habeas corpus relief, it more properly is viewed as seeking relief through a writ of mandamus, which is the appropriate remedy for seeking review of a prison disciplinary proceeding allegedly conducted in violation of constitutional requirements or the rules of the Department of Corrections. See, e.g., Newsome v. Singletary, 637 So. 2d 9 (Fla. 2d DCA 1994); Adams v. Wainwright, 512 So. 2d 1077 (Fla. 1st DCA 1987). Of course, the exhaustion of administrative remedies is a necessary prerequisite to seeking judicial review, but contrary to the circuit court’s determination, we conclude that the allegations of Woullard’s petition were sufficient to make at least a prima facie showing of exhaustion. Accordingly, the order summarily denying Woullard’s petition is quashed, and the matter is remanded to the circuit court for further proceedings.
ERVIN, WOLF and WEBSTER, JJ„ concur.
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Robert E. Banks v. Jones, 197 So. 3d 1152 (Fla. 1st DCA 2016)…As we held in Ply-mel, the standard of review of a circuit court order- is “limited to whether the circuit court afforded procedural due process and whether the circuit court applied the correct law.” 770 So. 2d at 246. See also Woullard v. Bishop, 734 So. 2d 1151 (Fla. 1st DCA 1999). Thus, for example, if a prisoner alleges he has been deprived of the periodic review required by the rules described above, he may be entitled to mandamus relief; ■ merely disagreeing with the Department’s discretionary decision…
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Stokes v. Fla. Dep't OF Corr., 948 So. 2d 75 (Fla. 1st DCA 2007)…forearm) was not a suicide attempt. Based on our review of the record, we find that the issue was sufficiently raised at the administrative level and hold that the trial court erred in not passing on the merits of this issue. See Woullard v. Bishop, 734 So. 2d 1151, 1152 (Fla. 1st DCA 1999). Rule 33-601.314, section 9-30, Florida Administrative Code, proscribes self-mutilation, which the rule defines as including “self-disfigurement such as body piercing, scarring and other non-life threatening acts.” The rul…1 / 2
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Rowe v. State, 765 So. 2d 94 (Fla. 1st DCA 2000)…, and that although he incorrectly denominated his petition as seeking habeas corpus relief, the circuit court should have treated it as seeking relief by writ of mandamus. See Ashley v. Moore, 746 So. 2d 584 (Fla. 1st DCA 1999); Woullard v. Bishop, 734 So. 2d 1151 (Fla. 1st DCA 1999). Finally, inasmuch as Rowe did not challenge his criminal conviction and sentence, a motion for postconviction relief would not provide an adequate remedy in this instance. Accordingly, the order summarily denying Rowe’s petiti…
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
- Hogan v. Ardc Corp., 637 So. 2d 9 (Fla. 4th DCA 1994)
- Adams v. Louie L. Wainwright, 512 So. 2d 1077 (Fla. 1st DCA 1987)