BRENDA DUGGAN, PETITIONER,
v.
DEPARTMENT OF CORRECTIONS, RESPONDENT
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The court held that a petition for writ of mandamus to compel the Department of Corrections to award gain time must first exhaust administrative remedies within the DOC. The petition was denied without prejudice to allow for this exhaustion.
Brenda Duggan filed a petition for writ of mandamus seeking to compel the Department of Corrections (DOC) to award her gain time. The circuit court ha…
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THOMPSON, Judge.
Brenda Duggan filed this petition for writ of mandamus seeking to compel the Department of Corrections (“DOC”) to award her gain time in compliance with an order of the circuit court. The circuit court’s order directed the DOC to compute and apply credit for time served and unforfeited gain time from Duggan’s “prior service in this ease.” We deny the writ without prejudice.
The proper remedy to compel an award of gain time is a petition for writ of mandamus filed in the circuit court after administrative procedures through DOC have been exhausted. See Newsome v. Singletary, 637 So. 2d 9 (Fla. 2d DCA 1994); see also Barber v. State, 661 So. 2d 355 (Fla. 3d DCA 1995) (holding that claim that DOC acted contrary to sentencing order must be raised by administrative procedure and if unsuccessful, by mandamus); Killings v. State, 567 So. 2d 60 (Fla. 4th DCA 1990) (holding that complaint regarding DOC interpretation of sentence must be addressed through administrative procedure and then if necessary, by mandamus directed at DOC and filed in trial court).
Since Duggan has not alleged that any administrative remedy has been initiated, much less resolved, the petition for writ of mandamus is denied without prejudice. This will allow Duggan to exhaust her administrative remedies and, if unsuccessful, to seek a writ of mandamus in the circuit court.
WRIT DENIED.
PETERSON, C.J., and COBB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hogan v. Ardc Corp., 637 So. 2d 9 (Fla. 4th DCA 1994)
- Barber v. State, 661 So. 2d 355 (Fla. 3d DCA 1995)
- Forney v. State, 567 So. 2d 60 (Fla. 4th DCA 1990)
- Killings v. State, 567 So. 2d 60 (Fla. 4th DCA 1990)