KELVIN FRAZIER, PETITIONER,
v.
JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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PER CURIAM.
In this petition for writ of certiorari, Petitioner challenges the circuit court’s imposition of a lien on his inmate trust account for costs incurred in filing a petition for writ of mandamus. The petition for writ of mandamus challenged a disciplinary proceeding, which resulted in the loss of a portion of Petitioner’s gain-time.
Because Petitioner’s challenge directly affected the time he will spend in prison, the circuit court departed from the essential requirements of law by placing a lien on his inmate trust account. See Schmidt v. Crusoe, 878 So. 2d 361 (Fla.2003). The petition for writ of certiorari challenging the imposition of a lien on Petitioner’s inmate account is GRANTED, and the order imposing the lien is QUASHED.
BROWNING, C.J., POLSTON, and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Frazier v. McNEIL, 46 So. 3d 588 (Fla. 1st DCA 2010)…otion, a show cause order issued to petitioner as to why a similar sanction should not be imposed against him by this court. Since 2003, Frazier has filed 17 appeals and petitions, obtaining relief only on a filing fee issue in Frazier v. McDonough, 950 So. 2d 515 (Fla. 1st DCA 2007). His other cases were either dismissed for failure to comply with the Florida Rules of Appellate Procedure or orders of this court, or were found to be without merit. Having considered his response to the show cause order, we ele…
Authorities Cited
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)