LEWIS TAYLOR, JR., APPELLANT,
v.
T.H. BIGHAM, APPELLEE

Fla. 1st DCA | 1989-06-02
No. 88-1900
NIMMONS, BARFIELD and MINER, JJ., concur.
543 So. 2d 884 Florida District Court of Appeal, First District (1989)


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, an inmate at Florida State Prison, appeals the summary dismissal of his petition for a writ of habeas corpus. Appellant’s petition alleges that the Department of Corrections placed him in administrative confinement without according him the procedural safeguards required by the Department’s own rules. This, appellant argues, constituted a violation of his due process rights. Because appellant’s petition states a claim upon which relief could be granted, the trial court erred in dismissing it without an evidentiary hearing. See Rahming v. Bigham, 539 So. 2d 10 (Fla. 1st DCA 1989).

On remand, the trial court is instructed to grant an evidentiary hearing in accordance with Rahming, supra.

REVERSED and REMANDED with instructions for further proceedings.

NIMMONS, BARFIELD and MINER, JJ., concur.


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