Opinion
Case No. SC08-1348.
September 15, 2008.
The petition for writ of habeas corpus is hereby transferred to the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida. See Moreau v. Lewis, 648 So. 2d 124, 126 (Fla. 1995) (noting that "under ordinary circumstances the constitutionality of a state statute should be challenged by filing a suit for declaratory judgment in circuit court). The transfer of this case should not be construed as an adjuciation or comment on the merits of the petition, nor as a determination that the transferee court has jurisdiction or that the petition has been properly denominated as a petition for a writ of habeas corpus. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition. The transferee court shall treat the petition as if it had been originally filed there on the date it was filed in this Court. Any determination concerning whether a filing fee shall be applicable to this case shall be made by the transferee court.
Any and all pending motions in this case are hereby deferred to the transferee court. Any future pleadings filed regarding this case should be filed in the above mentioned circuit court at 301 South Monroe Street, Tallahassee, Florida 32301.