IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
KEVIN OWENS, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Petitioner, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D16-1098
JULIE JONES, SECRETARY,
FLORIDA DEPARTMENT OF
CORRECTIONS,
Respondent.
_____________________________/
Opinion filed October 4, 2016.
Petition for Writ of Certiorari.
Kevin Owens, pro se, Petitioner.
Pamela Jo Bondi, Attorney General, Matthew F. Vitale, Assistant Attorney General,
Tallahassee, for Respondent.
PER CURIAM.
Kevin Owens, an inmate who challenged in the trial court four disciplinary
reports, appeals the order dismissing in part and denying in part his petition for writ
of mandamus. Because only the trial court’s denials of claims on the merits are
being challenged, we treat the appeal as a petition invoking this Court’s certiorari
jurisdiction and deny the petition on the merits without further
discussion. See Thomas v. State, Fla. Dep’t of Corr.,
89 So. 3d 300, 300 (Fla. 1st
DCA 2012) (reviewing the trial court’s order dismissing in part and denying in part
a mandamus petition and treating as an appeal the dismissal of claims for failure to
exhaust administrative remedies, but reviewing under the certiorari standard the
denial of claims on the merits); see also Williams v. Tucker,
87 So. 3d 1270, 1271
(Fla. 1st DCA 2012) (treating the appeal as a petition invoking the Court’s certiorari
jurisdiction where the trial court denied the mandamus petition upon finding that the
petitioner failed to demonstrate any liberty interest to challenge his disciplinary
report).
DENIED on the merits.
WOLF, LEWIS, and OSTERHAUS, JJ., CONCUR.
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