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WIGFALS v. McDONOUGH

No. 2D05-5718.

925 So.2d 485 (2006)

Samuel H. WIGFALS, Petitioner, v. James R. McDONOUGH, Interim Secretary, Florida Department of Corrections, and Florida Parole Commission, Respondents.

District Court of Appeal of Florida, Second District.

April 19, 2006.

Attorney(s) appearing for the Case

Samuel H. Wigfals, pro se.

Bradley R. Bischoff, Assistant General Counsel for Respondent Florida Parole Commission.

No appearance for Respondent James R. McDonough.

CANADY, Judge.

As the Florida Parole Commission concedes in this certiorari proceeding, the circuit court erred in denying Wigfals' petition for writ of habeas corpus prior to expiration of the time afforded for him to reply to the Commission's response. See McCarthy v. Fla. Parole Comm'n, 889 So.2d 1018 (Fla. 1st DCA 2005); Minott v. State, 718 So.2d 381 (Fla. 5th DCA 1998);

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