CALVIN
v.
DIXON
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Keith L. Calvin petitioned for a writ of habeas corpus to challenge his 2006 life sentence for second-degree murder. The Florida First District Court of Appeal dismissed the petition as frivolous and referred Calvin to the Department of Corrections for sanctions based on his pattern of repeated frivolous filings.
The court dismissed the petition as frivolous and referred Calvin to the Department of Corrections for disciplinary sanctions pursuant to Florida Statute § 944.279. The court also warned that future frivolous filings may result in further sanctions, including prohibition of pro se filings.
[1] A petition for writ of habeas corpus may be dismissed as frivolous.
[2] A prisoner found by a court to have brought a frivolous suit is subject to disciplinary procedures pursuant to the rules of the Department of Corrections.
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Join FLexlaw to unlock all legal intelligence“a prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal . . . is subject to disciplinary procedures pursuant to the rules of the Department of Corrections”
Establishes the statutory basis for imposing sanctions on inmates who file frivolous petitions
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Join FLexlaw to unlock all legal intelligenceCalvin was sentenced to life imprisonment in 2006 for second-degree murder. He has filed multiple frivolous appeals and petitions in the First Distric…
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PER CURIAM.
Keith L. Calvin petitions this court for a writ of habeas corpus seeking to challenge his life sentence imposed in 2006 for second-degree murder. We dismiss the petition. See Baker v. State, 878 So. 2d 1236 (Fla. 2004).
The court finds that this petition is frivolous and refers Calvin to the Department of Corrections for sanctions. See § 944.279, Fla. Stat. (2023) (providing that “[a] prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal . . . is subject to disciplinary procedures pursuant to the rules of the Department of Corrections”); Ponton
v. Willis, 172 So. 3d 574, 576 (Fla. 1st DCA 2015) (explaining that a Spencer order is not required before a court may refer an inmate for disciplinary action under the statute based on a frivolous filing).
Calvin has filed multiple frivolous appeals and petitions in this court seeking to collaterally attack his judgment and sentence. See Calvin v. Jones, Case No. 1D16-4129 (Fla. 1st DCA Nov. 1, 2016) (dismissing appeal of order denying habeas petition); Calvin v. Jones, 232 So. 3d 324 (Fla. 1st DCA 2017) (affirming order dismissing habeas petition); Calvin v. Tucker, 96 So. 3d 884 (Fla. 1st DCA 2012) (denying petition for belated appeal); Calvin v. Tucker, Case No. 1D12-1801 (Fla. 1st DCA May 23, 2012) (denying petition for writ of mandamus); Calvin v. Jones, Case No. 2018-4500 (Fla. 1st DCA Oct. 26, 2018) (transferring habeas petition to Leon County Circuit Court for further proceedings).
The court warns Calvin that any future filings that this court determines to be frivolous or malicious may result in the imposition of further sanctions, including a prohibition against any future pro se filings in this court.
DISMISSED.
ROWE, BILBREY, and KELSEY, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ponton v. Warden John Willis, 172 So. 3d 574 (Fla. 1st DCA 2015)
- Calvin v. Jones, 232 So. 3d 324 (Fla. 1st DCA 2017)