In re Cordero

OPINION OF THE COURT

P. KEVIN DAVEY, Circuit Judge.

Pena Belarmino Cordero (Cordero) seeks dismissal of the Florida State Hospital’s (FSH) Amended Petition for Treatment Order, challenging the constitutionality of Florida Statute § 945.28(2)(b).

The issue to be determined is whether this statute, on its face, violates the fundamental due process and equal protection rights of Cordero as guaranteed by the Fifth and Fourteenth Amendments to the U.S. Constitution.

*72Cordero, an inmate of the Department of Corrections (DOC), was admitted to Correction Mental Health Institution (CMHI) pursuant to…