MARK JONES
v.
FLORIDA DEPARTMENT OF CORRECTIONS
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Mark Jones appeals the circuit court's orders transferring his habeas corpus petitions challenging his assignment to Close Management II housing from Charlotte County to Leon County. The appellate court agrees with Jones that venue is proper in Charlotte County where he was incarcerated and reverses the transfer orders.
The court reversed the transfer orders and held that habeas corpus petitions challenging an inmate's housing classification must be filed and decided in the circuit court of the county where the inmate is detained, making Charlotte County the proper venue.
[1] A prisoner challenging an assignment to close management housing may seek relief through a petition for writ of habeas corpus, and such petition must be filed in the circ…
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Join FLexlaw to unlock all legal intelligenceJones was incarcerated at Charlotte Correctional Institution when he filed petitions for writs of habeas corpus and mandamus challenging his assignmen…
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_____________________________ Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Charlotte County.
Geoffrey H. Gentile, Judge.
January 10, 2025 PER CURIAM. Appellant Mark Jones challenges the lower court’s orders transferring his “Petition for Writ of Habeas Corpus in Alternative a Writ of Mandamus” and subsequent “Petition for Writ of Habeas Corpus/in Alternative a Writ of Mandamus” from Charlotte County to Leon County.1 Jones, who at the time of filing the petitions 1 These appeals have been consolidated for the purposes of this opinion.
was incarcerated at Charlotte Correctional Institution, challenges his assignment to the “Close Management II” housing classification following a disciplinary infraction.2 Jones argues, and we agree, that the transfer orders were in error because the petitions are appropriately construed as habeas petitions for which venue is proper in the county where Jones is incarcerated. See Banks v. Jones, 232 So. 3d 963, 966 (Fla. 2017) (holding that a petition for writ of habeas corpus is the correct mechanism for a prisoner to challenge their assignment to close management); Alachua Reg’l Juv. Det.
Ctr. v. T.O., 684 So. 2d 814, 816 (Fla. 1996) (“If a prisoner files a habeas corpus petition in circuit court, the petition must be filed in the circuit court of the county in which the prisoner is detained.”). Accordingly, we reverse the transfer orders and remand for Jones’s petitions to be addressed on the merits by the circuit court of the county in which Jones is currently incarcerated.3 REVERSED and REMANDED. STARGEL, NARDELLA and WOZNIAK, JJ., concur. 2 Close management is “the separation of an inmate apart from the general population, for reasons of security or the order and effective management of the institution, where the inmate, through his or her behavior, has demonstrated an inability to live in the general population without abusing the rights and privileges of others.” Fla. Admin. Code R. 33–601.800(1)(a).
Mark Jones, Perry, pro se. Charles T. Martin, Jr., Assistant General Counsel, of the Florida Department of Corrections, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Alachua Reg'l Juv. Detention Ctr. v. T.O., 684 So. 2d 814 (Fla. 1996)
- Robert E. Banks v. Jones, 232 So. 3d 963 (Fla. 2017)