BAILEM v. JONES (2018)

District Court of Appeal of Florida, Second District.

Tremaine Latroy BAILEM, Appellant/Petitioner(s), v. Julie JONES, D.F.S, Appellee/Respondent(s).

CASE NO.: 2D18-3652

Decided: October 10, 2018

Petitioner's petition for writ of habeas corpus is treated as a petition for writ of mandamus. To the extent that Petitioner seeks to enforce this court's prior order granting his motion to correct the record in case 2D18-910, that portion of the petition is denied. That motion was construed as a motion to correct the appellate record, not as a motion to compel an action by the circuit court clerk. To the extent that Petitioner seeks to compel the circuit court clerk to correct the record and docket his postconviction motion filed on January 1, 2018, rather than May 1, 2018, that portion of the petition is transferred to the Twentieth Judicial Circuit for Lee County. See G.W. v. Rushing, 22 So. 3d 819, 820 n.2 (Fla. 2d DCA 2009).

BY ORDER OF THE COURT:

LaROSE, C.J., and MORRIS and SALARIO, JJ., Concur.

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