BLACK v. FLORIDA PAROLE COMMISSION, SC05-1350 (Fla. 9-14-2005)

JIMMIE L. BLACK, Petitioner(s) v. FLORIDA PAROLE COMMISSION, ET AL., Respondent(s).

Case No. SC05-1350.Supreme Court of Florida.
September 14, 2005.

Petitioner has submitted a petition for writ of habeas corpus and declaratory judgment which this Court has treated as a petition for writ of habeas corpus. The petition for writ of habeas corpus is hereby transferred, pursuant to Harvard v.Singletary, 733 So. 2d 1020 (Fla. 1999), to the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida. The transfer of this case should not be construed as an adjudication 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 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.

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