STEVEN BEEBE
v.
FLORIDA DEPARTMENT OF CORRECTIONS
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An inmate's mandamus petition must be dismissed where the inmate fails to plead and prove exhaustion of administrative remedies, including completion of all required administrative appeals and proper submission of grievance documentation.
[1] An inmate seeking mandamus relief against a correctional department must plead and prove exhaustion of administrative remedies, including completion of formal administrat…
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Join FLexlaw to unlock all legal intelligence“approving dismissal of mandamus petition because inmate did not meet his burden to 'plead and prove that he had exhausted administrative remedies,' where his petition failed to demonstrate that he completed his administrative appeal”
Citation to Jackson v. Parkhouse, 826 So. 2d 478, 479 (Fla. 1st DCA 2002), establishing the standard for dismissal of inmate mandamus petitions based on failure to exhaust remedies.
Steven Beebe, an inmate, filed a mandamus petition against the Florida Department of Corrections. The circuit court dismissed the petition.…
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September 30, 2020 PER CURIAM.
AFFIRMED. See Jackson v. Parkhouse, 826 So. 2d 478, 479 (Fla. 1st DCA 2002) (approving dismissal of mandamus petition because inmate did not meet his burden to “plead and prove that he had exhausted administrative remedies,” where his petition failed to demonstrate that he completed his administrative appeal); see also Fla. Admin. Code R. 33-103.007(2) (requiring inmate to attach formal grievance, response, and any documentation pertinent to review that he wants reviewed; and providing that an incomplete grievance appeal will be returned to the inmate without action).
RAY, C.J., and ROWE and TANENBAUM, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.