Taylor v. Barton

District Court of Appeal of Florida

Taylor v. Barton

556 So. 2d 415, 14 Fla. L. Weekly 2647, 1989 Fla. App. LEXIS 6466, 1989 WL 139131

District Court of Appeal of Florida·Decided November 15, 1989·No. No. 89-416·Published·Cited by 2 cases

Opinion

PER CURIAM.

Appellant, a Florida State Prison inmate, appeals the summary denial of his petition for a writ of habeas corpus. In the petition appellant alleges that prison authorities placed him in administrative confinement without a hearing before a senior correctional officer so that he could present his views. Appellant further alleged he has exhausted his administrative remedies. If these allegations are true, the Department of Corrections would appear to have violated its rules, and so summary denial of the petition was inappropriate. Rahming v. Bigham, 539 So.2d 10 (Fla. 1st DCA 1989).

REVERSED and REMANDED for further proceedings.

SMITH, THOMPSON and MINER, JJ., concur.

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PER CURIAM.

Appellant, a Florida State Prison inmate, appeals the summary denial of his petition for a writ of habeas corpus. In the petition appellant alleges that prison authorities placed him in administrative confinement without a hearing before a senior correctional officer so that he could present his views. Appellant further alleged he has exhausted his administrative remedies. If these allegations are true, the Department of Corrections would appear to have violated its rules, and so summary denial of the petition was inappropriate. Rahming v. Bigham, 539 So.2d 10 (Fla. 1st DCA 1989).

REVERSED and REMANDED for further proceedings.

SMITH, THOMPSON and MINER, JJ., concur.

Taylor v. Barton, 556 So. 2d 415, 14 Fla. L. Weekly 2647, 1989 Fla. App. LEXIS 6466, 1989 WL 139131 (Fla. Ct. App. 1989).

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