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Moore v. Habibullah

District Court of Appeal of Florida, Third District
Sep 13, 1999
739 So. 2d 1281 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-1983.

Opinion filed September 13, 1999.

A Writ of Certiorari to the Circuit Court for Dade County, Michael H. Salmon, Judge, L.T. No. 98-36081.

Roger Pickles, Assistant General Counsel (Tallahassee), for petitioner.

Hameen Habibullah, in proper person.

Before GERSTEN, GREEN, and SORONDO, JJ.


Michael W. Moore, Secretary for the Florida Department of Corrections ("FDOC"), seeks a writ of certiorari, quashing an order entered by the lower court. The order permitted Hameen Habibullah, an inmate with the FDOC, to keep his beard based upon his religious beliefs. We grant the writ and quash the trial court's order because the court did not have jurisdiction to enter the order since the treatment of inmates is within the authority of the FDOC. See Singletary v. Duggins, 724 So.2d 1234, 1234 (Fla. 3d DCA 1999); Singletary v. Benton, 693 So.2d 1119, 1120 (Fla. 4th DCA 1997); Singletary v. Acosta, 659 So.2d 449, 450 (Fla. 3d DCA 1995). Our granting of the petition is without prejudice for Habibullah to seek relief in the appropriate forum.

Writ granted without prejudice; order quashed.


Summaries of

Moore v. Habibullah

District Court of Appeal of Florida, Third District
Sep 13, 1999
739 So. 2d 1281 (Fla. Dist. Ct. App. 1999)
Case details for

Moore v. Habibullah

Case Details

Full title:MICHAEL W. MOORE, Secretary for the Florida Department of Corrections…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 13, 1999

Citations

739 So. 2d 1281 (Fla. Dist. Ct. App. 1999)

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