Opinion
SC2023-0742
06-27-2023
Hugh O. Kunselman, Petitioner(s) v. Ricky D. Dixon, etc. Respondent(s)
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Lower Tribunal No(s).: 642003CF034594XXXAES
Petitioner has submitted a "Request for Appointment of Direct Review Capacity Counsel for Prison Disciplinary Appeal Proceeding," which this Court has treated as a petition for writ of habeas corpus. The petition is hereby transferred, pursuant to Harvard v. Singletary, 733 So.2d 1020 (Fla. 1999), to the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida. 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 as a petition for writ of habeas corpus. 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 301. S. Monroe Street, Suite 100, Tallahassee, Florida 32301.