NESTOR ROJAS, APPELLANT,
v.
STATE OF FLORIDA, MICHAEL D. CREWS, ETC., APPELLEES
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The trial court properly dismissed an inmate's habeas corpus petition challenging conditions at one correctional facility as moot when the inmate was transferred to another facility.
An inmate's habeas corpus petition challenging conditions of confinement at a specific correctional facility becomes moot upon transfer to another facility.
[1] An inmate's habeas corpus petition challenging conditions of confinement at a specific correctional facility becomes moot upon the inmate's transfer to another facility.
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Join FLexlaw to unlock all legal intelligence“A case is 'moot' when it presents no actual controversy or when the issues have ceased to exist.”
Defining mootness doctrine in habeas corpus cases.
Nestor Rojas was convicted of sex offenses in Citrus County and sentenced to sixty months incarceration. While incarcerated at Tomoka Correctional Fac…
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Appellant, Nestor Rojas, appeals the trial court’s dismissal of a petition for writ of habeas corpus which alleged Tomoka Correctional Facility treated Appellant cruelly and inhumanly. Appellant argues the trial court erred by dismissing the petition as moot when Appellant was transferred to another correctional institution.
*819Appellant was convicted of various sex offenses in Citrus County and was sentenced to sixty months incarceration. Appellant filled a habeas petition with the Florida Supreme Court, which referred the matter to the Volusia County Circuit Court. The Florida Department of Corrections responded by a motion to dismiss alleging Appellant’s petition was moot because Appellant had been transferred to Martin Correctional Institution.
The trial court properly dismissed the action because it was moot. See Godwin v. State, 593 So.2d 211, 212 (Fla.1992) (“A case is ‘moot’ when it presents no actual controversy or when the issues have ceased to exist.”); Martinez v. Singletary, 691 So.2d 587, 538 (Fla. 1st DCA 1997) (“Generally, an inmate’s grievance regarding the conditions of his confinement at a certain institution becomes moot upon his transfer to another facility.”).
AFFIRMED.
PALMER and EVANDER, JJ., and HARRIS, C.M., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Anthony v. Jones, 177 So. 3d 992 (Fla. 1st DCA 2015)…ght a court order requiring his immediate transfer to another correctional facility. We affirm the dismissal of the action as moot on grounds the prisoner has since been transferred to a different correctional institution. See, e.g., Rojas v. State, 148 So. 3d 818, 818-19 (Fla. 5th DCA 2014) (affirming dismissal of petition for writ of habeas corpus alleging mistreatment at one correctional facility as moot where the petitioning prisoner had been transferred to another correctional institution). In the proc…
Authorities Cited
- Sallas v. State, 593 So. 2d 211 (Fla. 1992)
- Godwin v. State, 593 So. 2d 211 (Fla. 1992)
- Aundra Akins v. State, 691 So. 2d 587 (Fla. 1st DCA 1997)