Moore v. Mississippi Dept. of Corr

5 Citing cases

  1. Hesler v. Alcorn Cnty. Corr. Facility

    315 So. 3d 1043 (Miss. Ct. App. 2020)   Cited 1 times

    Mississippi Code Annotated section 47-5-807 states that "[a]ny offender who is aggrieved by an adverse decision rendered pursuant to any administrative review procedure under sections 47-5-801 through 47-5-807 may, within thirty (30) days after receipt of the agency's final decision, seek judicial review of the decision." The circuit court cited Moore v. Mississippi Department of Corrections , 936 So. 2d 941 (Miss. Ct. App. 2005), as authority for dismissing Hesler's petition for judicial review. The portion of Moore that the circuit court cites states, "Under Mississippi Code Annotated section 47-5-807 (Rev. 2000), Moore had thirty days to seek judicial review of the MDOC's decision under ARP. Moore acknowledged receipt of the decision on March 30, 2004, and his petition was not filed until July 22, 2004, well beyond the thirty-day period."

  2. Turner v. Hall

    270 So. 3d 43 (Miss. Ct. App. 2018)   Cited 1 times

    After the Court being otherwise fully advised in the premises, the Court finds the complaint was untimely filed, and it lacks jurisdiction. Moore v. Mississippi Dept. of Corrections , 936 So.2d 941 (Miss. Ct. App. 2005). Accordingly, the Court further finds that the complaint and this cause should be dismissed.

  3. Willis v. Westley

    243 So. 3d 805 (Miss. Ct. App. 2018)   Cited 2 times

    Further, the circuit court did not specify whether it considered subject matter jurisdiction or personal jurisdiction. Instead, in support of its dismissal for lack of jurisdiction, the circuit court simply cited Moore v. Mississippi Department of Corrections , 936 So.2d 941 (Miss. Ct. App. 2005).¶ 8.

  4. Wilde v. Miss. Dep't of Corr.

    88 So. 3d 792 (Miss. Ct. App. 2012)   Cited 1 times

    The statutory time limit is jurisdictional. Moore v. Miss. Dep't of Corrs., 936 So.2d 941, 944 (¶ 14) (Miss.Ct.App.2005). ¶ 6. Statutory time bar notwithstanding, Wilde's underlying claim also fails on the merits.

  5. Stokes v. State

    984 So. 2d 1089 (Miss. Ct. App. 2008)   Cited 12 times
    Appealing MDOC's denial of administrative remedy regarding calculation of sentence

    In Stokes's case, however, his claim is also procedurally barred. After exhausting all administrative remedies, an inmate has thirty days to seek judicial review of the Mississippi Department of Corrections' decision under its Administrative Remedy Program. Moore v. Miss. Dep't of Corr., 936 So.2d 941, 944(14) (Miss.Ct.App. 2005); see also Miss. Code Ann. § 47-5-807 (Rev. 2004). Stokes received his third response from the Administrative Remedy Program on July 22, 2006.