07-5786 GEORGE W. STRICKLAND v. WALTER McNEIL, DEPT. OF CORRECTIONS

State: Florida

Court: Florida First District Court

Docket No: 07-5786

Case Date: 04/10/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA GEORGE W. STRICKLAND, Petitioner, v. WALTER A. McNEIL, Secretary, Florida Department of Corrections, Respondent. ______________________________/ Opinion filed April 10, 2008. Petition for Writ of Certiorari -- Original Jurisdiction. George W. Strickland, pro se, Petitioner. Bill McCollum, Attorney General, and Linda Horton Dodson, Assistant Attorney General, Tallahassee, for Respondent. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D07-5786

PER CURIAM. Petitioner seeks review of an order denying his petition for writ of mandamus challenging disciplinary action. We deny the petition for writ of certiorari on the

merits. However, pursuant to our decision in Jackson v. McDonough, 31 Fla. L. Weekly D2299 (Fla. 1st DCA Sept. 5, 2006), we quash the circuit court's order on indigency imposing a lien for initiating the petition for writ of mandamus as well as the order imposing the lien for initiating this proceeding. The circuit court should direct the reimbursement of any funds that have been withdrawn from petitioner's account to satisfy the improper lien orders. BROWNING, C.J., KAHN and THOMAS, JJ., CONCUR.

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