EDWARD B. LOFLEY, JR., v. KENNETH S. TUCKER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA EDWARD B. LOFLEY, JR., Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-3518 KENNETH S. TUCKER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Appellee. ___________________________/ Opinion filed September 7, 2012. An appeal from an order of the Leon County Circuit Court. Jackie L. Fulford, Judge. Edward B. Lofley, Jr., pro se, Appellant. Pamela Jo Bondi, Attorney General, and Ana Gargollo-McDonald, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Edward B. Lofley, Jr., appeals an order of the circuit court dismissing his petition for writ of mandamus for failure to demonstrate the exhaustion of available administrative remedies. Based on appellee s commendable concession that there may have been irregularities in the processing of appellant s grievances and that dismissal was thus unwarranted, the order dismissing Lofley s petition is reversed and the matter is remanded to the circuit court for further proceedings. VAN NORTWICK, WETHERELL, and MAKAR, JJ., CONCUR. 2

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