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BROTHERS v. McNEIL

No. 1D08-2805.

1 So.3d 378 (2009)

Clarence BROTHERS, Petitioner, v. Walter A. McNEIL, Secretary, Florida Department of Corrections, Respondent.

District Court of Appeal of Florida, First District.

January 30, 2009.

Attorney(s) appearing for the Case

Clarence Brothers, pro se, Petitioner.

Kathleen Von Hoene, General Counsel, and Beverly Brewster, Assistant General Counsel, Florida Department of Corrections, Tallahassee, for Respondent.

PER CURIAM.

Clarence Brothers seeks review of a final order denying his petition for writ of mandamus in which he challenged the calculation of gain-time. We grant respondent's motion to dismiss the proceeding as moot. Because official records indicate that Mr. Brothers was released from prison during the pendency of this proceeding, the proceeding is moot. See Phillips v. McDonough, 962 So.2d 375 (Fla. 1st DCA 2007).

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