CHILDERS v. McDONOUGH

No. 1D06-3256.

965 So.2d 1276 (2007)

Roderick CHILDERS, Appellant, v. James R. McDONOUGH, Secretary, Florida Department of Corrections, Appellee.

District Court of Appeal of Florida, First District.

October 15, 2007.


Attorney(s) appearing for the Case

Roderick Childers, pro se, Appellant.

Kathleen Von Hoene, General Counsel, Department of Corrections; Bill McCollum, Attorney General, and Joe Belitzky, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Roderick Childers appeals an order dismissing his petition for a writ of mandamus on the ground Childers failed to pay the required filing fee, or alternatively, failed to provide documentation of indigency. As the Secretary for the Department of Corrections acknowledges on appeal, a party must be given an opportunity to comply with indigency requirements before dismissing a petition for extraordinary relief. See Woullard v. Bishop,

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