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Rojas v. State

District Court of Appeal of Florida, Fifth District.
Oct 10, 2014
148 So. 3d 818 (Fla. Dist. Ct. App. 2014)

Summary

affirming dismissal of petition for writ of habeas corpus alleging mistreatment at one correctional facility as moot where the petitioning prisoner had been transferred to another correctional institution

Summary of this case from Anthony v. Jones

Opinion

No. 5D14–1501.

10-10-2014

Nestor ROJAS, Appellant, v. STATE of Florida, Michael D. Crews, Etc., Appellees.

Nestor Rivera Rojas, Indiantown, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Tammy S. Metcalf, Assistant Attorney General, Tallahassee, for Appellee.


Nestor Rivera Rojas, Indiantown, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Tammy S. Metcalf, Assistant Attorney General, Tallahassee, for Appellee.

Opinion

PER CURIAM.

Appellant, Nestor Rojas, appeals the trial court's dismissal of a petition for writ of habeas corpus which alleged Tomoka Correctional Facility treated Appellant cruelly and inhumanly. Appellant argues the trial court erred by dismissing the petition as moot when Appellant was transferred to another correctional institution.Appellant was convicted of various sex offenses in Citrus County and was sentenced to sixty months incarceration. Appellant filled a habeas petition with the Florida Supreme Court, which referred the matter to the Volusia County Circuit Court. The Florida Department of Corrections responded by a motion to dismiss alleging Appellant's petition was moot because Appellant had been transferred to Martin Correctional Institution.

The trial court properly dismissed the action because it was moot. See Godwin v. State, 593 So.2d 211, 212 (Fla.1992) (“A case is ‘moot’ when it presents no actual controversy or when the issues have ceased to exist.”); Martinez v. Singletary, 691 So.2d 537, 538 (Fla. 1st DCA 1997) (“Generally, an inmate's grievance regarding the conditions of his confinement at a certain institution becomes moot upon his transfer to another facility.”).

AFFIRMED.

PALMER and EVANDER, JJ., and HARRIS, C.M., Senior Judge, concur.


Summaries of

Rojas v. State

District Court of Appeal of Florida, Fifth District.
Oct 10, 2014
148 So. 3d 818 (Fla. Dist. Ct. App. 2014)

affirming dismissal of petition for writ of habeas corpus alleging mistreatment at one correctional facility as moot where the petitioning prisoner had been transferred to another correctional institution

Summary of this case from Anthony v. Jones
Case details for

Rojas v. State

Case Details

Full title:Nestor ROJAS, Appellant, v. STATE of Florida, Michael D. Crews, Etc.…

Court:District Court of Appeal of Florida, Fifth District.

Date published: Oct 10, 2014

Citations

148 So. 3d 818 (Fla. Dist. Ct. App. 2014)

Citing Cases

Anthony v. Jones

We affirm the dismissal of the action as moot on grounds the prisoner has since been transferred to a…