Case No.: GCG01-000257
KENNETH K. NEWSOME,
Petitioner,
vs.
MICHAEL MOORE, et. al,
Respondents.
____________________________
ORDER DENYING PETITION
Petitioner seeks a writ of mandamus directing the Secretary of the Department of Corrections, Michael Moore, to remove a disciplinary report from his record and restore gain time forfeited as a result of the disciplinary action. This court has jurisdiction. Fla. R. App. P. 9.100. Petition denied.
Petitioner claims the department has violated section 33-601.308(2)(a) of the Florida Administrative Code by failing to remove a disciplinary report from his inmate file after the report was dismissed. Petitioner presented documents which show that a disciplinary report was made on July 23, 2000 and a hearing followed on August 2, 2000. The report of the hearing shows that the disciplinary report was dismissed to allow the officer to rewrite the report. The hearing reconvened on August 9, 2000 at which time the disciplinary team found the petitioner guilty of the infraction based upon the rewritten report. The team recommended loss of 90 days gain time and 30 days disciplinary confinement.
A party seeking mandamus relief must establish a clear legal right and a corresponding legal duty. Allston v. State, 685 So. 2d 1312 (Fla. 2d DCA 1996). Petitioner has alleged no facts which support his claim that the department violated section 33-601.308(2)(a), or that he is entitled to the relief he has requested. Conversely, he has shown that the disciplinary team conducted a hearing pursuant to section 944.28(c), and found him guilty. The disciplinary action is likewise prescribed by section 944.28.
Accordingly, it is ORDERED that the petition is DENIED.
ORDERED January 2001.
Charles B. Curry
Chief Judge