Summary
reversing dismissal of petition for writ of mandamus where prisoner asserted that "he had ‘exhausted all available avenues of administrative review via the inmate grievance procedure,’ and ... his exhaustion of administrative remedies [was] reflected in ‘inmate appeal grievance log number 13–6–15500’ "
Summary of this case from Green v. CottrellOpinion
No. 1D14–5712.
2015-08-27
Marc V. MILLER, Appellant, v. DEPARTMENT OF CORRECTIONS, Appellee.
An appeal from the Circuit Court for Leon County. George S. Reynolds, III, Judge. Marc V. Miller, pro se, Appellant. Pamela Jo Bondi, Attorney General; Beverly Brewster, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee.
An appeal from the Circuit Court for Leon County. George S. Reynolds, III, Judge.
Marc V. Miller, pro se, Appellant. Pamela Jo Bondi, Attorney General; Beverly Brewster, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee.
PER CURIAM.
The trial court dismissed appellant's petition for writ of mandamus on exhaustion grounds. But the petition alleged he had “exhausted all available avenues of administrative review via the inmate grievance procedure,” and appellant asserts that his exhaustion of administrative remedies is reflected in “inmate appeal grievance log number 13–6–15500.” Accordingly, we reverse the order of dismissal and remand for further proceedings.
Reversed and remanded. BENTON, MARSTILLER, and OSTERHAUS, JJ., concur.