GARRETT WRIGHT, PETITIONER,
v.
JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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PER CURIAM.
In this petition for writ of certiorari, Petitioner challenges the circuit court’s denial of his petition for writ of mandamus, and the imposition of a lien placed on his inmate trust account. The petition for writ of mandamus challenged a disciplinary proceeding, which adversely affected Petitioner’s ability to earn gain-time. Based on our review of the record, we conclude that the circuit court properly denied the petition for writ of mandamus. See Sandin v. Conner, 515 U.S. 472, 484, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995); Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). Consequently, the petition for writ of certiorari challenging the denial of the petition for writ of mandamus is DENIED.
However, Petitioner’s mandamus petition challenged the loss of his ability to earn gain-time. Because his challenge had the potential of affecting the time he will spend in prison, the circuit court departed from the essential requirements of law by placing a lien on his inmate trust account to pay for court costs incurred by filing the mandamus petition. Schmidt v. Crusoe, 878 So. 2d 361 (Fla.2003); Yasir v. McDonough, 31 Fla. L. Weekly D1459, — So. 2d -, 2006 WL 1419271 (Fla. 1st DCA May 25, 2006). The petition for writ of certiorari challenging the imposition of a lien on Petitioner’s inmate account is GRANTED, and the order imposing the lien is QUASHED.
DAVIS and POLSTON, JJ., and LAWRENCE, Jr., L. ARTHUR, Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Robert E. Banks v. Jones, 197 So. 3d 1152 (Fla. 1st DCA 2016)…smissal of a petition for writ of mandamus because “the revocation of gain-time does not implicate appellant’s liberty interests in this case because appellant is serving a life sentence” and thus is “ineligible for gain-time”); Wright v. McDonough, 958 So. 2d 1132, 1133 (Fla. 1st DCA 2007) (finding the circuit court properly denied a petition for writ of mandamus challenging a disciplinary proceeding which “adversely affected Petitioner’s ability to earn gain-time,” citing Wolff and Sandin). Thus, the type o…
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Meeks v. Inch (Fla. 1st DCA 2020)…now seeks review by petition for writ of certiorari in this Court. As noted, he has not suffered any loss of gain time and, therefore, no liberty interest is at stake by only asserting the loss of the ability to earn gain time. Wright v. McDonough, 958 So. 2d 1132, 1133 (Fla. 1st DCA 2007) (citing Sandin, 515 U.S. at 484). We should recede from our precedent that allows state prisoners to seek certiorari review of any state executive-branch action that does not forfeit gain time or impose an “atypical” rest…
Authorities Cited
- Wolff v. McDONNELL, 418 U.S. 539 (U.S. 1974)
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)
- Sandin v. Conner, 515 U.S. 472 (U.S. 1995)