MARK JONES
v.
FLORIDA DEPARTMENT OF CORRECTIONS
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Mark Jones, an incarcerated individual, appealed the lower court's orders transferring his habeas corpus and mandamus petitions from Charlotte County to Leon County. The appellate court agreed with Jones that the petitions were properly construed as habeas corpus petitions for which venue is appropriate in the county of his incarceration, and therefore reversed the transfer orders.
The court reversed the transfer orders, holding that habeas corpus petitions challenging a prisoner's housing classification must be filed in the circuit court of the county where the prisoner is detained. The court remanded the case for the petitions to be addressed on the merits in Charlotte County Circuit Court.
[1] A petition for writ of habeas corpus filed by a prisoner must be brought in the circuit court of the county in which the prisoner is detained, not in another county.
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Join FLexlaw to unlock all legal intelligenceJones was incarcerated at Charlotte Correctional Institution when he filed petitions challenging his assignment to 'Close Management II' housing class…
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_____________________________ Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Charlotte County.
Geoffrey H. Gentile, Judge.
January 10, 2025 PER CURIAM. Appellant Mark Jones challenges the lower court’s orders transferring his “Petition for Writ of Habeas Corpus in Alternative a Writ of Mandamus” and subsequent “Petition for Writ of Habeas Corpus/in Alternative a Writ of Mandamus” from Charlotte County to Leon County.1 Jones, who at the time of filing the petitions 1 These appeals have been consolidated for the purposes of this opinion.
was incarcerated at Charlotte Correctional Institution, challenges his assignment to the “Close Management II” housing classification following a disciplinary infraction.2 Jones argues, and we agree, that the transfer orders were in error because the petitions are appropriately construed as habeas petitions for which venue is proper in the county where Jones is incarcerated. See Banks v. Jones, 232 So. 3d 963, 966 (Fla. 2017) (holding that a petition for writ of habeas corpus is the correct mechanism for a prisoner to challenge their assignment to close management); Alachua Reg’l Juv. Det.
Ctr. v. T.O., 684 So. 2d 814, 816 (Fla. 1996) (“If a prisoner files a habeas corpus petition in circuit court, the petition must be filed in the circuit court of the county in which the prisoner is detained.”). Accordingly, we reverse the transfer orders and remand for Jones’s petitions to be addressed on the merits by the circuit court of the county in which Jones is currently incarcerated.3 REVERSED and REMANDED. STARGEL, NARDELLA and WOZNIAK, JJ., concur. 2 Close management is “the separation of an inmate apart from the general population, for reasons of security or the order and effective management of the institution, where the inmate, through his or her behavior, has demonstrated an inability to live in the general population without abusing the rights and privileges of others.” Fla. Admin. Code R. 33–601.800(1)(a).
Mark Jones, Perry, pro se. Charles T. Martin, Jr., Assistant General Counsel, of the Florida Department of Corrections, Tallahassee, for Appellee.
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Citator
Authorities Cited
- Alachua Reg'l Juv. Detention Ctr. v. T.O., 684 So. 2d 814 (Fla. 1996)
- Robert E. Banks v. Jones, 232 So. 3d 963 (Fla. 2017)