DAVID TERRENCE STEPHENS
v.
DEPARTMENT OF CORRECTIONS

Fla. 1st DCA | 2022-09-28
No. 20-2958
Lewis, J., Tanenbaum, J., Long, J., Dodson, J.
Florida District Court of Appeal, First District (2022)

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Synopsis

Florida appellate court affirmed dismissal of mandamus petition challenging prisoner disciplinary proceedings because the petition was untimely under the 30-day filing requirement of Fla. Stat. § 95.11(8).


Holding

A petition for writ of mandamus challenging prisoner disciplinary proceedings is barred if not filed within thirty days as required by section 95.11(8), Fla. Stat.


Headnotes

[1] A petition for writ of mandamus challenging prisoner disciplinary proceedings must be filed within thirty days of the proceedings or be barred by statute.

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Facts & Procedural History

Appellant sought review of a circuit court order dismissing his mandamus petition challenging several disciplinary proceedings, many of which occurred…

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Opinion of the Court

PER CURIAM.

Appellant seeks review from a circuit court order dismissing his petition for writ of mandamus as untimely. Appellant argued there were due process errors in several disciplinary proceedings, many of them years old. We affirm because none of the challenged proceedings occurred within thirty days of the date that Appellant filed his petition as required by section 95.11(8), Fla. Stat. (2020) (“Any action challenging prisoner disciplinary proceedings shall be barred by the court unless it is commenced within the time period provided by this section.”).

AFFIRMED.

LEWIS, TANENBAUM, and LONG, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

David Terrence Stephens, pro se, Appellant.

Ashley Moody, Attorney General, and Kelly R. Forren, Assistant Attorney General, and Lance Eric Neff, General Counsel, Department of Corrections, Tallahassee, for Appellee.

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