JIMMY LEE WHEELER
v.
STATE OF FLORIDA
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The Florida District Court of Appeal, Second District, imposed restrictions on Jimmy Lee Wheeler's pro se filings after he initiated over twenty meritless proceedings related to two criminal cases. The court directed the clerk to reject future filings unless signed by a licensed Florida attorney, finding that Wheeler's frequent filings burdened court resources without merit.
The court directed the clerk to place in an inactive file any original proceedings or notices of appeal filed by Wheeler related to the two circuit court case numbers unless the filing is signed by a member in good standing of The Florida Bar.
[1] A court may direct its clerk to reject future pro se filings related to specific case numbers if the litigant has a history of numerous meritless filings that burden cour…
[2] A litigant's failure to respond adequately to an order to show cause regarding their history of frivolous litigation may result in restrictions on future filings.
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Join FLexlaw to unlock all legal intelligence“his frequent and meritless filings burdened the limited resources of this court and interfered with the resolution of genuine disputes”
The court's rationale for imposing restrictions on Wheeler's pro se filings based on the pattern of meritless litigation
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Join FLexlaw to unlock all legal intelligenceWheeler had previously filed twelve appeals of orders denying postconviction motions, four petitions for writ of certiorari, and four petitions for wr…
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PER CURIAM. On November 13, 2020, this court affirmed the order denying Jimmy Lee Wheeler's motion to correct illegal sentence and issued an order detailing Wheeler's initiation of over twenty proceedings in this court related to his criminal charges in Polk County circuit court case numbers 08-CF-008256 and 09-CF-000071. We noted that his frequent and meritless filings burdened the limited resources of this court and interfered with the resolution of genuine disputes. Following the affirmance of his judgments and sentences in appeal 2D10-2105, Wheeler filed twelve appeals of orders denying his various postconviction
- 2 - motions, four petitions for writ of certiorari, and four petitions for writ of habeas corpus. None of these cases resulted in Wheeler being granted any relief.
Accordingly, we ordered Wheeler to show cause why this court should not direct the clerk to reject pleadings in this court related to Wheeler's two circuit court case numbers unless the filing is related to a pending appeal or submitted by a licensed Florida attorney. See State v. Spencer, 751 So. 2d 47, 48-49 (Fla. 1999). Wheeler's response fails to satisfy this court's order to show cause why he should not be prohibited from future pro se appeals and original proceedings in this court. Instead, he continues to insist that his postconviction claims are meritorious, alleges prosecutorial misconduct, and raises other arguments that are otherwise not responsive to this court's order.
Consequently, we direct the clerk of this court to place in an inactive file any original proceedings or notices of appeal filed by Wheeler related to circuit court case numbers 08-CF-008256 and 09-CF-000071 unless the filing is signed by a member in good standing of The Florida Bar. See id.; McKenna v. State, 161 So. 3d 435, 436 (Fla. 2d DCA 2014). LaROSE, MORRIS, and ATKINSON, JJ., Concur.