Tungate v. Florida Department of Corrections

Full title: CARMEN TUNGATE, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Jun 3, 1998

742 So. 2d 803 (Fla. Dist. Ct. App. 1998)

Opinion

No. 96-4177.

Opinion filed June 3, 1998.

An appeal from an order of the Department of Corrections.

Carmen Tungate, pro se, for Appellant.

Susan Schwartz, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee.

ORDER DISMISSING APPEAL

PER CURIAM.

Carmen Tungate, an inmate incarcerated at Everglades Correctional Institution, appeals the adoption by the Florida Department of Corrections, appellee, of rule 33-3.0055, Florida Administrative Code, which, in pertinent part, establishes required lists of library materials to be maintained in the law libraries located in the Department's correctional facilities. See Lewis v. Casey, ___ U.S. ___, 116 S.Ct. 2175 (1996). The Department argues that appellant lacks the standing to challenge the rule pursuant to section 120.81(3)(a), Florida Statutes (Supp. 1996). We agree. Section 120.81(3)(a) is a statutory bar to appellant, as a prisoner, seeking judicial review of the administrative action in the instant case. See Endress v. Florida Dep't of Corrections, 612 So.2d 645 (Fla. 1st DCA 1993).

Accordingly, the instant appeal is dismissed. See § 120.81(3)(a), Fla. Stat. (Supp. 1996).

ERVIN, BOOTH AND VAN NORTWICK, JJ., CONCUR.