
    John A. SIMONETTA, Petitioner, v. Michael W. MOORE, Secretary, Florida Department of Corrections, Respondent.
    No. 1D00-1133.
    District Court of Appeal of Florida, First District.
    May 8, 2000.
    John A. Simonetta, pro se, petitioner.
    No appearance for respondent.
   PER CURIAM.

John Simonetta petitions this court for a writ of habeas corpus, arguing that gain time was improperly forfeited from him by the Florida Department of Corrections. This claim was previously unsuccessfully raised by Simonetta in a petition to the circuit court and his appeal from that decision is currently pending before this court in ease number 1D00-1096. Accordingly, we deny the instant petition, but do so without prejudice to petitioner’s right to argue for relief in the pending appellate proceeding.

PETITION DENIED.

JOANOS, LAWRENCE and DAVIS, JJ., concur.  