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619 So. 2d 972

Hamby v. State

District Court of Appeal of Florida

Decided January 15, 1993

District Court of Appeal of Florida · decided 1993-01-15

Cited by 3 later decisions — most recently December 1997

3 state decisions

Relies on 498 So. 2d 670 - Hall v. Wainwright · Williams v. State · 543 So. 2d 1296 - Mapp v. Armco Specialty Steel Division

Good law ✅— No negative treatment on recordhow we know

Decided 1993-01-15

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PETERSON, Judge.

¶1James Hamby, an inmate at Marion Correctional Institution, petitioned for a writ of habeas corpus, alleging that he lost eighty days’ gain time as a result of disciplinary action and that the record supports his position that the time should be restored. We deny the petition.

¶2Habeas corpus relief is not available as a remedy to contest loss of gain time unless an inmate is being unlawfully detained and is entitled to an immediate release. See Thomas v. Dugger, 548 So.2d 230 (Fla.1989); Williams v. State, 519 So.2d 723 (Fla. 5th DCA 1988). If Hamby has exhausted his administrative remedies, he may be entitled to seek a writ of mandamus in the circuit court to compel lawful application of gain time rules. See, e.g., Crain v. State, 579 So.2d 411 (Fla. 2d DCA 1991); Cole v. Dugger, 543 So.2d 1296 (Fla. 1st DCA 1989); Hall v. Wainwright, 498 So.2d 670 (Fla. 1st DCA 1986).

¶3DENIED.

DAUKSCH and HARRIS, JJ., concur.
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