Taylor v. Bigham

543 So. 2d 884, 14 Fla. L. Weekly 1347, 1989 Fla. App. LEXIS 3095, 1989 WL 57877

Opinion

PER CURIAM.

Appellant, an inmate at Florida State Prison, appeals the summary dismissal of his petition for a writ of habeas corpus. Appellant’s petition alleges that the Department of Corrections placed him in administrative confinement without according him the procedural safeguards required by the Department’s own rules. This, appellant argues, constituted a violation of his due process rights.

Because appellant’s petition states a claim upon which relief could be granted, the trial court erred in dismissing it without an evidentiary hearing. See Rahming v. Bigham, 539 So.2d 10 (Fla. 1st DCA 1989).

On remand, the trial court is instructed to grant an evidentiary hearing in accordance with Rahming, supra.

REVERSED and REMANDED with instructions for further proceedings.

NIMMONS, BARFIELD and MINER, JJ., concur.