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SMITH v. FLORIDA DEPT. OF CORRECTIONS

No. 1D98-4670.

752 So.2d 59 (2000)

Glenn SMITH, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 8, 2000.

Attorney(s) appearing for the Case

Appellant pro se.

Robert A. Butterworth, Attorney General; Anthony W. Garcia, Assistant Attorney General, Tallahassee, for Appellee.

BENTON, J.

Glenn Smith appeals the order dismissing his petition for declaratory judgment/complaint for writ of mandamus seeking to overturn disciplinary action the Department of Corrections (DOC) took against him for violating the DOC rule against fighting. See Fla. Admin. Code. R. 33-601.314, § 2-4 (formerly Fla. Admin. Code R. 33-22.012, § 2-4) (the fighting rule).

A state prisoner, he contends that the fighting rule is unauthorized and...

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