DAVID TERRENCE STEPHENS
v.
DEPARTMENT OF CORRECTIONS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed dismissal of mandamus petition challenging prisoner disciplinary proceedings because the petition was untimely under the 30-day filing requirement of Fla. Stat. § 95.11(8).
A petition for writ of mandamus challenging prisoner disciplinary proceedings is barred if not filed within thirty days as required by section 95.11(8), Fla. Stat.
[1] A petition for writ of mandamus challenging prisoner disciplinary proceedings must be filed within thirty days of the proceedings or be barred by statute.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant sought review of a circuit court order dismissing his mandamus petition challenging several disciplinary proceedings, many of which occurred…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Untimely Filing cases and more on FLexlaw
PER CURIAM.
Appellant seeks review from a circuit court order dismissing his petition for writ of mandamus as untimely. Appellant argued there were due process errors in several disciplinary proceedings, many of them years old. We affirm because none of the challenged proceedings occurred within thirty days of the date that Appellant filed his petition as required by section 95.11(8), Fla. Stat. (2020) (“Any action challenging prisoner disciplinary proceedings shall be barred by the court unless it is commenced within the time period provided by this section.”).
AFFIRMED.
LEWIS, TANENBAUM, and LONG, JJ., concur. _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
David Terrence Stephens, pro se, Appellant.
Ashley Moody, Attorney General, and Kelly R. Forren, Assistant Attorney General, and Lance Eric Neff, General Counsel, Department of Corrections, Tallahassee, for Appellee.
2