SIMPKINS v. STATE (2020)

District Court of Appeal of Florida, First District.

Lawrence SIMPKINS, Petitioner, v. STATE of Florida, Respondent.

No. 1D20-2103

Decided: August 17, 2020

Lawrence Simpkins, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

Lawrence Simpkins asks that we issue a writ of mandamus to compel the trial court to rule on his request for habeas relief. Mr. Simpkins gave his habeas petition to prison officials for mailing on June 12, 2020, and the trial court clerk docketed that petition on June 19, 2020. Mr. Simpkins filed his mandamus petition in this court on July 16, 2020, but he has no clear legal right to a ruling on his habeas petition within 30 days of its being filed. We DENY his mandamus petition as premature.

Per Curiam.

Kelsey, M.K. Thomas, and Tanenbaum, JJ., concur.

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