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SANDERS v. STATE

No. 5D04-961.

903 So.2d 241 (2005)

Michael A. SANDERS, Appellant, v. STATE of Florida, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 10, 2005.

Attorney(s) appearing for the Case

Michael Sanders, Daytona Beach, pro se.

Sara K. Dyehouse, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee Department of Corrections.

No Appearance for Appellee State of Florida.

PER CURIAM.

AFFIRMED. We affirm the trial court's denial of Sanders' petition for writ of habeas corpus based on the lack of factual assertions regarding the exhaustion of his available administrative remedies. However, our decision is without prejudice to Sanders to file a proper petition together with appropriate allegations and attachments.

SAWAYA, C.J., PETERSON and MONACO...

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