On February 16, 2022 a
Complaint,Petition
was filed
involving a dispute between
Figueroa, Raymond,
and
Dixon, Ricky,
for Circuit Civil 3-D
in the District Court of Union County.
Preview
Filing # 144219787 E-Filed 02/18/2022 02:54:32 PM
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA
IN AND FOR UNION COUNTY
RAYMOND FIGUEROA,
Petitioner,
vs. Case No.: 63-2022-CA-000010
RICKY DIXON, SEC’Y | Inst20220000496 Date:2/18/2022 3: 26 PM ~~
Page: 1of 2 B:424 P:551
FLA. DEP’T OF CORRECTIONS, Kellie Hendricks Rhoades, Clerk of the Circuit Court,
. Union County, By:NORMANC, Deputy Clerk
Respondent. -
/
ORDER TRANSFERRING PETITION FOR WRIT OF HABEAS CORPUS FOR POST-
CONVICTION RELIEF
THIS ACTION comes before this Court upon Petitioner’s “Petition for Writ of Habeas
Corpus,” filed February 14, 2022, pursuant to the “mailbox rule.” Petitioner challenges his
confinement in a Florida Department of Corrections facility based on the application of an
upward departure sentence. Petitioner’s sentence was imposed in case number 37-1995-CF-3163,
by the circuit court in the Second Judicial Circuit in and for Leon County, Florida. Although the
circuit court in the county in which a petitioner is incarcerated generally has jurisdiction to
consider a petition for writ of habeas corpus, an exception lies when a petitioner challenges the
legality of his underlying conviction or sentence. See generally Calloway v. State, 699 So. 2d
849 (Fla. 3d DCA 1997). Thus, this Court is without jurisdiction.
It is therefore ORDERED:
This case is transferred to the Second Judicial Circuit in and for Leon County, Florida to
be considered as a motion for postconviction relief in case number 37-1995-CF-3163. The Union
County Clerk of Court is directed to please transfer this Order and contents of the file to the
Leon County Clerk of Court.ORDER TRANSFERRING PETITION FOR WRIT OF HABEAS CORPUS FOR POST-CONVICTION RELIEF
CASE NO.: 63-2022-CF-000010
PAGE 2
DONE and ORDERED on Friday, February 18, 2022.
Robert K. Groeb, Circuit Judge
§3-2022-CA-000010-CAy
02/18/2022 02:22:41 PM
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing Order was furnished on Friday, February 18, 2022
to the following:
Raymond Figueroa, DC# 140568
Union Correctional Institution
P.O. Box 1000
Raiford, Florida 32083
Teresa Stephenson, Judicial Assistant
63-2022-CA-000010-CAAM 02/18/2022 02:54:11 PM
Document Filed Date
February 18, 2022
Case Filing Date
February 16, 2022
Category
Circuit Civil 3-D
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Filing # 144219787 E-Filed 02/18/2022 02:54:32 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR UNION COUNTY RAYMOND FIGUEROA, Petitioner, vs. Case No.: 63-2022-CA-000010 RICKY DIXON, SEC’Y | Inst20220000496 Date:2/18/2022 3: 26 PM ~~ Page: 1of 2 B:424 P:551 FLA. DEP’T OF CORRECTIONS, Kellie Hendricks Rhoades, Clerk of the Circuit Court, . Union County, By:NORMANC, Deputy Clerk Respondent. - / ORDER TRANSFERRING PETITION FOR WRIT OF HABEAS CORPUS FOR POST- CONVICTION RELIEF THIS ACTION comes before this Court upon Petitioner’s “Petition for Writ of Habeas Corpus,” filed February 14, 2022, pursuant to the “mailbox rule.” Petitioner challenges his confinement in a Florida Department of Corrections facility based on the application of an upward departure sentence. Petitioner’s sentence was imposed in case number 37-1995-CF-3163, by the circuit court in the Second Judicial Circuit in and for Leon County, Florida. Although the circuit court in the county in which a petitioner is incarcerated generally has jurisdiction to consider a petition for writ of habeas corpus, an exception lies when a petitioner challenges the legality of his underlying conviction or sentence. See generally Calloway v. State, 699 So. 2d 849 (Fla. 3d DCA 1997). Thus, this Court is without jurisdiction. It is therefore ORDERED: This case is transferred to the Second Judicial Circuit in and for Leon County, Florida to be considered as a motion for postconviction relief in case number 37-1995-CF-3163. The Union County Clerk of Court is directed to please transfer this Order and contents of the file to the Leon County Clerk of Court.ORDER TRANSFERRING PETITION FOR WRIT OF HABEAS CORPUS FOR POST-CONVICTION RELIEF CASE NO.: 63-2022-CF-000010 PAGE 2 DONE and ORDERED on Friday, February 18, 2022. Robert K. Groeb, Circuit Judge §3-2022-CA-000010-CAy 02/18/2022 02:22:41 PM CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Order was furnished on Friday, February 18, 2022 to the following: Raymond Figueroa, DC# 140568 Union Correctional Institution P.O. Box 1000 Raiford, Florida 32083 Teresa Stephenson, Judicial Assistant 63-2022-CA-000010-CAAM 02/18/2022 02:54:11 PM