Patino v. Florida Department of Corrections (995 So. 2d 1159, 2008)

PER CURIAM.

It appearing that the circuit court has not received the petition for writ of habeas corpus petitioner complains has not been timely considered, the petition for writ of mandamus is denied. See Clark v. State, 954 So.2d 685 (Fla. 1st DCA 2007). This disposition is without prejudice to petitioner’s right to refile his petition with the lower tribunal.

KAHN, WEBSTER, and VAN NORTWICK, JJ., concur.