Conley v. State

• Decision Date: 19 October 2022
• Docket Number: 2D22-1807
• Citation: 348 So.3d 1239 (Mem)
• Parties: Paul R. CONLEY, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

348 So.3d 1239 (Mem)

Paul R. CONLEY, Appellant,

v.STATE of Florida, Appellee.

No. 2D22-1807

District Court of Appeal of Florida, Second District.

October 19, 2022

LaROSE, Judge.

Paul Conley appeals the order dismissing his March 14, 2022, petition for writ of habeas corpus in which he challenged his placement in close management by the Department of Corrections.¹ See Banks v. Jones , 232 So. 3d 963, 966 (Fla. 2017) (holding that a petition for a writ of habeas corpus is the correct mechanism for a prisoner to challenge his or her placement in close management).

The trial court found that Mr. Conley raised the same or similar arguments in a February 16, 2022, petition for writ of habeas corpus. The trial court denied the February 16 petition; an appeal is pending in case number 2D22-769.

Our careful review of the February 16 and March 14, 2022, petitions reveals that they do not raise the same or similar arguments. In the March 14 petition, Mr. Conley argued that the Department improperly placed him in close management; he wants to be placed back in general population. In the February 16 petition, Mr. Conley argued that prison guards retaliated against him; he requested the restoration of gain time and immediate release.

We reverse the trial court's order dismissing Mr. Conley's March 14, 2022, petition for writ of habeas corpus. We remand for the court to address that petition on the merits.

Reversed and remanded.

SILBERMAN and ROTHSTEIN-YOUAKIM, JJ., Concur.

1 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, when 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).