
    Jeffrey PATE, Appellant, v. James CROSBY, Jr., Secretary, Department of Corrections, Appellee.
    No. 1D03-4565.
    District Court of Appeal of Florida, First District.
    May 17, 2004.
    Jeffrey Pate,'pro se, appellant.
    Charlie Crist, Attorney General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, for appellee.
   PER CURIAM.

The order of dismissal is reversed on the authority of Burgess v. Crosby, 870 So.2d 217(Fla. 1st DCA 2004). The case is remanded to the Circuit Court for Leon County for further proceedings.

REVERSED AND REMANDED.

BARFIELD, DAVIS and POLSTON, JJ., concur.  