07-3664 EUGENE THILL, v. WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

State: Florida

Court: Florida First District Court

Docket No: 07-3664

Case Date: 12/16/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA EUGENE THILL, Appellant, v. WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Appellee. _____________________________/ Opinion filed December 16, 2008. An appeal from the Circuit Court for Leon County. Thomas H. Bateman, III, Judge. Appellant Eugene Thill, pro se. Bill McCollum, Attorney General, and Carrie R. McNair, Assistant Attorney General, Tallahassee, for Appellee. CASE NO. 1D07-3664 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

PER CURIAM. Eugene Thill, formerly an inmate in the Department of Corrections, seeks review of a final order dismissing his petition for a writ of mandamus in which he challenged the Department's calculation of gain time credits. Because official

records indicate, and the State has confirmed, that Mr. Thill was released from prison during the pendency of this appeal, we dismiss the appeal as moot. See Doty v. Fla. Dep't of Corrections, 964 So. 2d 258, 258-59 (Fla. 1st DCA 2007); Moore v. Moore, 764 So. 2d 676, 677 (Fla. 1st DCA 2000) ("A petition that goes to the length of confinement, rather than to the fact of confinement, is mooted by the inmate's release."). DISMISSED. KAHN, WEBSTER, and VAN NORTWICK, JJ., CONCUR.

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