DENVER IVAN WILSON
v.
DEPARTMENT OF CORRECTIONS

Fla. 1st DCA | 2020-09-21
No. 19-2646
Florida District Court of Appeal, First District (2020)

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Holding

A mandamus complaint seeking to compel administrative action by the Department of Corrections is not subject to the judicial review standards applied to disciplinary actions and the trial court's denial of such complaint was properly affirmed.


Headnotes

[1] A mandamus complaint seeking to compel administrative action is not governed by the judicial review standards applicable to disciplinary actions under Sheley v. …

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Facts & Procedural History

Denver Ivan Wilson filed a mandamus complaint in circuit court against the Department of Corrections seeking to compel certain administrative action. …

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Opinion of the Court

PER CURIAM.

The order under review was converted sua sponte to a petition for writ of certiorari. However, upon further review, the mandamus complaint filed in circuit court sought to compel certain administrative action. Because we find that the trial court’s action was not the equivalent of judicial review of a disciplinary action, the case is not controlled by Sheley v. Florida Parole Commission, 720 So. 2d 216 (Fla. 1998). Regardless, we reach the same decision under review as a direct appeal. The denial of the mandamus complaint is affirmed.

KELSEY, M.K. THOMAS, and TANENBAUM, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Denver Ivan Wilson, pro se, Petitioner.

Ashley Moody, Attorney General, and Kristen J. Lonergan, Assistant Attorney General, Tallahassee, for Respondent.

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