Boo, A.K.A. Diaz v. State

Third District Court of Appeal
State of Florida
Opinion filed January 30, 2015.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-1344
Lower Tribunal Nos. 11-31129, 11-31130, 12-2363, & 12-4133
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Noe Boo, a.k.a. Noel Diaz,
Petitioner,
vs.
The State of Florida,
Respondent.
A Case of Original Jurisdiction—Habeas Corpus.
Noe Boo, a.k.a. Noel Diaz, in proper person.
Pamela Jo Bondi, Attorney General, and Jacob Addicott, Assistant Attorney
General, for respondent.
Before SHEPHERD, C.J., and LAGOA and SCALES, JJ.
PER CURIAM.
Petitioner’s emergency writ of habeas corpus is dismissed without prejudice.
See Salazar v. State, 892 So. 2d 545, 547 (Fla. 3d DCA 2005) (“If an inmate
believes that the Department has not granted correct credit . . . then the inmate
must seek relief through the inmate grievance procedure. After exhausting
available remedies through the inmate grievance procedure, if the inmate believes
that the Department’s ruling was incorrect, the inmate may then file a petition for
writ of mandamus directed to the Department of Corrections.”) (citations omitted).1
1We encourage the trial court and the State to promptly forward the DOC a copy
of the “2nd Amended Order Granting Nun [sic] Pro Tunc and Denied [sic] in Part
Defendant’s Motion for Correction of Jail Sentence/Credit Dated November 26,
2013” entered by the trial court on January 28, 2015.
2