Opinion
Case No. SC11-531.
July 27, 2011.
Lower Tribunal No(s). 94-07106, 94-08375, 94-09704.
Petitioner has submitted a petition, which this Court has treated as a petition for writ of habeas corpus. The petition for writ of habeas corpus is hereby transferred to the Circuit Court of the Third Judicial Circuit in and for Columbia County, Florida, for consideration as a challenge to the Florida Parole Commission decision that revoked the petitioner's conditional release.See Knowles v. Florida Parole Comm'n, 846 So. 2d 1246, 1247 (Fla. 1st DCA 2003) ("The filing of a petition for writ of habeas corpus is the proper method of challenging the revocation of an inmate's conditional release supervision.See Heard v. Florida Parole Comm'n, 811 So. 2d 808 (Fla. 1st DCA 2002); Gillard v. Florida Parole Comm'n, 784 So. 2d 1214 (Fla. 1st DCA 2001)"). The proper forum to bring such a petition for relief is the circuit court in the jurisdiction where the inmate is incarcerated. Id. ("An inmate's petition for habeas corpus must be filed in the circuit court of the county in which the inmate is incarcerated.See Heard; Gillard"); see also Fla.R.App.P. 9.040(b)(1) (Forum) ("If a proceeding is commenced in an inappropropriate court, that court shall transfer the cause to an appropriate court"), (c) (Remedy) (If a party seeks an inproper remedy, the cause shall be treated as if the proper remedy had been sought). The petitioner alleges that the Florida Parole Commission's interpretation of certain decisions entered by the district courts of appeal have resulted in a violation of his constitutionally protected rights.
The transfer of this case should not be construed as an adjudication or comment on the merits of the petition, nor as a determination that the transferee court has jurisdiction or that the petition has been properly denominated. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition. The transferee court shall treat the petition as if it had been originally filed there on the date it was filed in this Court. Any determination concerning whether a filing fee shall be applicable to this case shall be made by the transferee court. Any and all pending motions in this case are hereby deferred to the transferee court.
Any future pleadings filed regarding this case should be filed in the above mentioned circuit court at 173 N.E. Hernando Avenue, Lake City, Florida 32055.