LEONEL LAFERTE-DIAZ, PETITIONER,
v.
DEPARTMENT OF CORRECTIONS, RESPONDENT
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An inmate petitioned for a writ of mandamus to compel the Department of Corrections to award gain time on pre-judgment custody days. The court dismissed the petition without prejudice for failure to exhaust administrative remedies through the inmate grievance system before seeking judicial intervention.
An inmate must exhaust administrative remedies concerning matters remediable by the Department before pursuing judicial remedies through a petition for writ of mandamus. The petition was dismissed without prejudice, allowing Diaz to refile after exhausting administrative remedies if the Department denies relief.
[1] An inmate must exhaust administrative remedies with the Department of Corrections before seeking judicial intervention through a writ of mandamus.
[2] Failure to exhaust administrative remedies is grounds for dismissal, without prejudice, of a petition for writ of mandamus.
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Join FLexlaw to unlock all legal intelligence“As an inmate in the custody of the Department, Diaz must fully exhaust his administrative remedies concerning matters remediable by the Department before he is entitled to pursue his judicial remedies in court.”
Establishes the core holding that administrative exhaustion is required for inmates seeking judicial relief from the Department of Corrections
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Join FLexlaw to unlock all legal intelligenceLeonel LaFerte-Diaz spent 1,049 days in custody prior to judgment and sentence. He sought a writ of mandamus compelling the Department of Corrections …
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Leonel LaFerte-Diaz (“Diaz”) seeks a writ of mandamus from this Court compelling the Department of Corrections (the “Department”) to award him gain time on the 1,049 days he spent in custody prior to judgment and sentence. Diaz asserts that awarding such gain time would result in his immediate release from custody.1 The Department moves this Court to dismiss Diaz’s petition for failure to first utilize the inmate grievance system to seek redress before seeking to have this Court intervene. As an inmate in the custody of the Department, Diaz must fully exhaust his administrative remedies concerning matters remediable by the Department before he is entitled to pursue his judicial remedies in court. Bush v. State, 945 So.2d 1207, 1210 (Fla.2006); Wilson v. State, 9 So.3d 630 (Fla. 3d DCA 2009) (table). Because Diaz has not exhausted his administrative remedies, we dismiss his petition without prejudice.
*909The law is well established that a petitioner typically must exhaust his administrative remedies prior to filing a petition for writ of mandamus. Bush, 945 So.2d at 1210; Reeves v. State, 987 So.2d 779, 780 (Fla. 3d DCA 2008); Patterson v. State, 784 So.2d 451, 452 (Fla. 3d DCA 2000) (mem.). If after exhausting his administrative remedies, Diaz is not afforded the relief sought, he may file a petition seeking a writ of mandamus to compel the Department to credit him with the full amount of jail time awarded by the trial court. Any such petition must be filed with the circuit court in Leon County, where the Department is located. Wilson, 9 So.3d 630. Accordingly, this dismissal is without prejudice to Diaz re-raising this issue once he has exhausted his administrative remedies, if relief is not provided by the Department.
Dismissed without prejudice.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dunbar v. State, 225 So. 3d 971 (Fla. 3d DCA 2017)…ng his administrative remedies, Dunbar is not afforded the relief sought, he may file a petition seeking a writ of mandamus to compel the DOC to credit him with the full amount of jail time he asserts is owed him. See LaFerte-Diaz v. Dep’t of Corr., 187 So. 3d 908, 909 (Fla. 3d DCA 2016). Any such petition must be filed with the circuit court in Leon County, where the DOC is located. Wilson, 9 So. 3d 630. Affirmed. . Although alternatively styled as an appeal from denial of a Rule 3.800 petition to corre…
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Rey v. State, 246 So. 3d 544 (Fla. 3d DCA 2018)…of the [Department of Corrections], Dunbar must fully exhaust his administrative remedies regarding gain time or credit owed within the [Department of Corrections] before he is entitled to pursue judicial remedies.”); LaFerte-Diaz v. Dep't of Corr., 187 So. 3d 908, 909 (Fla. 3d DCA 2016) (“If after exhausting his administrative remedies, Diaz is not afforded the relief sought, he may file a petition seeking a writ of mandamus to compel the Department [of Corrections] to credit him with the full amount of jail…
Authorities Cited
- Corbblin Bush v. State, 945 So. 2d 1207 (Fla. 2006)
- Reeves v. State, 987 So. 2d 779 (Fla. 3d DCA 2008)
- Barrington Patterson v. State, 784 So. 2d 451 (Fla. 3d DCA 2000)