Opinion
Case No. SC10-1571.
September 24, 2010.
Lower Tribunal No(s). 01-4866.
Petitioner has filed a petition entitled, "Petition for Writ of Certiorari," which has been treated as a petition for writ of habeas corpus. To the extent that the petition can be construed as a petition for writ of habeas corpus, it is hereby dismissed as unauthorized. See Baker v. State, 878 So. 2d 1236 (Fla. 2004).
To the extent that the petition can be construed as a petition for writ of mandamus, because petitioner has failed to show that the respondent has a ministerial duty to rule in a particular manner, the petition is hereby denied. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000); see also Migliore v. City of Lauderhill, 415 So. 2d 62, 63 (Fla. 4th DCA 1982) (stating that mandamus "is [not] proper to mandate the doing (or undoing) of a discretionary act"), approved, 431 So. 2d 986 (Fla. 1983). Any motions or other requests for relief are also denied.
PARIENTE, LEWIS, POLSTON, LABARGA, and PERRY, JJ., concur.