Stanley v. Moore, 99-153.
| Decision Date | 01 November 1999 |
| Docket Number | No. 99-153.,99-153. |
| Citation | 744 So.2d 1160 |
| Parties | Corey STANLEY, Appellant, v. Michael MOORE, Secretary, Florida Department of Corrections, Appellee. |
| Court | Florida District Court of Appeals |
Corey Stanley, pro se, appellant. Robert A. Butterworth, Attorney General, Tallahassee, for appellee.
Appellant appeals from an order dismissing his petition for a writ of mandamus because he failed to comply with the provisions of section 57.085, Florida Statutes (1997), which governs determinations of indigency for prisoners in civil actions. Because appellant's petition alleged facts which at least arguably might entitle him to immediate release, his petition should have been treated as a petition for a writ of habeas corpus which is constitutionally exempt from all court costs and filing fees. See Art I, § 13, Fla. Const. (); Steele v. State, 733 So.2d 1117, 1118 (Fla. 4th DCA 1999)("If, upon the filing of a mandamus petition, it appears that appellant would be entitled to immediate release from incarceration if properly credited with the time he is seeking, the petition should be treated as a petition for writ of habeas corpus.").1 While the circuit court could have dismissed the petition, even if treated as a habeas corpus petition, on grounds that appellant should have filed the petition in the Tenth Judicial Circuit where he is incarcerated, rather than the Second Judicial Circuit where the petition was actually filed, see § 79.09, Fla. Stat. (1997); Alday v. Singletary, 719 So.2d 1260 (Fla. 1st DCA 1998), we conclude that, in the interests of expediency, this case should be remanded to the circuit court for immediate transfer to the appropriate court. See Lewis v. Florida Parole Comm'n, 697 So.2d 965, 966 (Fla. 1st DCA 1997)
( order denying habeas corpus petition filed in wrong court and remanding with directions that circuit court transfer petition to court having jurisdiction over correctional facility in which prisoner was housed). We, therefore, reverse the order dismissing appellant's petition and remand with directions that the circuit court treat appellant's petition as a petition for a writ of habeas corpus and immediately transfer it to the circuit court having jurisdiction over the correctional facility in which appellant is currently housed.
1. We express no opinion on the merits of appe...
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Miller v. Fla. Dep't of Corr.
...petition, or simply transferred the petition to the Second Circuit for adjudication as a mandamus petition. Cf. Stanley v. Moore, 744 So.2d 1160, 1161 (Fla. 1st DCA 1999) (reversing the dismissal of a mandamus petition and remanding with directions for the circuit court to treat the petitio......
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LLEO v. The State of Fla.
...by a petition for writ of habeas corpus. See Barrera v. Fla. Parole Comm'n, 987 So.2d 810, 811 (Fla. 1st DCA 2008); Stanley v. Moore, 744 So.2d 1160, 1161 (Fla. 1st DCA 1999). Section 79.09, Florida Statutes (2009), requires the inmate to file his/her habeas corpus petition with the clerk o......
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Gillard v. FLORIDA PAROLE COM'N, 1D00-3702.
...the claim is a petition for writ of habeas corpus in the county in which he is currently incarcerated. See, e.g., Stanley v. Moore, 744 So.2d 1160 (Fla. 1st DCA 1999); Steele v. State, 733 So.2d 1117 (Fla. 4th DCA 1999); sec. 79.09, Fla. Stat. (1999). Thus, because Petitioner was not incarc......
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Thomas v. McNeil, 1D08-0763.
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