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PEREZ v. McNEIL

No. 1D07-5522.

995 So.2d 989 (2008)

Melvin PEREZ, Petitioner, v. Walter A. McNEIL, Secretary, Florida Department of Corrections, Respondent.

District Court of Appeal of Florida, First District.

October 7, 2008.

Attorney(s) appearing for the Case

Melvin Perez, pro se, Petitioner.

Kathleen Von Hoene, General Counsel, and Sean T. Garner, Assistant General Counsel, Department of Corrections, Tallahassee, for Respondent.

ON MOTION FOR REHEARING AND REHEARING EN BANC

PER CURIAM.

DENIED.

LEWIS and ROBERTS, JJ., CONCUR; BENTON, J., CONCURS WITH OPINION.

BENTON, J., concurring in denial of rehearing.

I concur in denying rehearing on the petition for writ of certiorari by which Melvin Perez asked us to overturn the trial court's denial of his petition for writ of mandamus. He sought to compel the Department of Corrections (DOC) to award him 60 days...

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