
    Jabari STEPHENS, Appellant, v. James CROSBY, Secretary, Florida Department of Corrections, Appellee.
    No. 1D04-0969.
    District Court of Appeal of Florida, First District.
    July 30, 2004.
    Jabari Stephens, 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 a decision on the merits.

WOLF, C.J., DAVIS and HAWKES, JJ., concur.  