Griggs v. Wainwright, BC-310
Decision Date | 01 August 1985 |
Docket Number | No. BC-310,BC-310 |
Citation | 10 Fla. L. Weekly 1844,473 So.2d 49 |
Parties | 10 Fla. L. Weekly 1844 Carl GRIGGS, Appellant, v. Louie L. WAINWRIGHT, Appellee. |
Court | Florida District Court of Appeals |
Carl Griggs, pro se., for appellant.
Jim Smith, Atty. Gen. and Kenneth McLaughlin, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant filed a petition for writ of habeas corpus, alleging that there was insufficient information to place him in close management confinement, and that, although he was accorded a hearing, he had no opportunity to present a defense, thus being denied due process and equal protection of the laws. The trial court denied the petition on the basis that it did not appear appellant had exhausted his administrative remedies. We affirm the trial court's denial of appellant's petition for writ of habeas corpus.
Prior to seeking extraordinary relief by way of habeas corpus, a petitioner challenging his administrative confinement status must first exhaust his administrative remedies by way of rule 33-3.07, Florida Administrative Code, the Department of Corrections' inmate grievance procedure. Williams v. Wainwright, 428 So.2d 725 (Fla. 1st DCA 1983). 1 This affirmance is without prejudice to appellant's right to exhaust available administrative remedies.
1 Appellant relies in part on this Court's decision in Granger v. Florida State Prison, 424 So.2d 937 (Fla. 1st DCA 1983). Although in Granger, we reversed a trial court's summary dismissal of the petition for writ of habeas corpus since there were specific allegations which, if true, would establish that the State failed to comply with its own rules and requirements, it does not appear that in that case the issue of exhaustion of administrative remedies was ever raised.
To continue reading
Request your trial-
Markham v. Clark
...is obvious. Several state cases so hold with respect to state habeas corpus. Aschan v. State, 446 N.W.2d 791 (Ia.1989); Griggs v. Wainwright, 473 So.2d 49 (Fla.App.1985); Highman v. Marquez, 5 Kan.App.2d 158, 613 P.2d 394 (1980). The present case is different because Indiana does not provid......
-
Williams v. State, 87-1247
...33-3.007 (the Department's inmate grievance procedure). See Sutton v. Strickland, 485 So.2d 25 (Fla. 1st DCA 1986); Griggs v. Wainwright, 473 So.2d 49 (Fla. 1st DCA 1985). Further, the petition fails to allege that the relief requested would entitle the inmate to immediate release. See Neth......
-
Cajuste v. State
...before he may seek judicial review of this claim. See, e.g., Sutton v. Strickland, 485 So.2d 25 (Fla. 1st DCA 1986); Griggs v. Wainwright, 473 So.2d 49 (Fla. 1st DCA 1985); Williams v. Wainwright, 428 So.2d 725 (Fla. 1st DCA 1983). We express no opinion on the underlying merits of Defendant......
-
Lowery v. Crosby, 94-4229
...court properly denied the portion of the petition challenging appellant's administrative confinement status (see Griggs v. Wainwright, 473 So.2d 49 (Fla. 1st DCA 1985)), we find that the allegations relating to his treatment and conditions were sufficient to preclude summary denial of the h......