LOUIS REED, JR., APPELLANT,
v.
MICHAEL W. MOORE, SECRETARY OF DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 2d DCA | 2000-08-02
No. 2D99-3119
PATTERSON, C.J., and ALTENBERND, J., Concur.
768 So. 2d 479 Florida District Court of Appeal, Second District (2000) Positive Treatment
Cited by 2 cases
Opinion of the Court
STRINGER, Judge.

STRINGER, Judge.

Louis Reed challenges the denial of his petition for writ of mandamus/alternative writ of habeas corpus. The petition related to Reed’s eligibility for gain time. Based on the record before us, Reed has failed to show that he exhausted all of his available administrative remedies. See Freeman v. Dugger, 588 So. 2d 12 (Fla. 2d DCA 1991) (affirming denial of petition where defendant failed to exhaust all available administrative remedies). Accordingly, we affirm without prejudice to Reed’s right to file a new petition upon the ex haustion of all administrative remedies available to him.

Affirmed.

PATTERSON, C.J., and ALTENBERND, J., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Pope v. State, 898 So. 2d 253 (Fla. 3d DCA 2005)
    …to allege, or prove, that he had exhausted any of the administrative procedures available to him prior to filing the petition. The prerequisite to the issuance of an extraordinary writ is exhaustion of all administrative remedies. See Reed v. Moore, 768 So. 2d 479 (Fla. 2d DCA 2000). The trial court, without addressing the merits, summarily and correctly denied the appellant’s petition, without prejudice, finding the petition facially insufficient for failing to allege the appellant had exhausted all of the a…
  • Davis v. State, 943 So. 2d 975 (Fla. 5th DCA 2006)
    …oore, 789 So. 2d 431 (Fla. 4th DCA 2001) (no error in dismissing habeas petition which claimed that DOC and Parole Commission improperly structured consecutive sentences, where defendant had failed to exhaust administrative remedies); Reed v. Moore, 768 So. 2d 479 (Fla. 2d DCA 2000) (petition for writ of mandamus or habeas corpus regarding eligibility for gain time was properly denied where available administrative remedies had not been exhausted). PETITION DENIED. GRIFFIN, PALMER and TORPY, JJ., concur.…

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