08-2769 ANTHONY PATINO v. FLORIDA DEPARTMENT OF CORRECTIONS

State: Florida

Court: Florida First District Court

Docket No: 08-2769

Case Date: 12/05/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ANTHONY PATINO, Petitioner, v. FLORIDA DEPARTMENT CORRECTIONS, OF NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D08-2769

Respondent. _______________________________/ Opinion filed December 5, 2008. Petition for Writ of Mandamus -- Original Jurisdiction. Anthony Patino, pro se, Petitioner. Bill McCollum, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM. It appearing that the circuit court has not received the petition for writ of habeas corpus petitioner complains has not been timely considered, the petition for writ of mandamus is denied. See Clark v. State, 954 So. 2d 685 (Fla. 1st DCA 2007). This disposition is without prejudice to petitioner's right to refile his petition with the lower tribunal. KAHN, WEBSTER, and VAN NORTWICK, JJ., CONCUR.

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