ELIJAH BIVENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Elijah Bivens, an inmate serving a sentence for a 1982 armed robbery conviction, appeals the trial court's order denying his motion to correct illegal sentence and prohibiting further pro se filings attacking his judgment and sentence. The appellate court affirms both rulings and imposes an additional bar on any future appellate review or original proceedings in connection with his 1982 conviction, citing Bivens' pattern of frivolous and successive litigation spanning over thirty proceedings across six forums.
The appellate court affirmed both the trial court's denial of Bivens' motion and its prohibition on further pro se filings in the circuit court. Additionally, the court directed the clerk of the appellate court to reject all future pro se notices of appeal and petitions for extraordinary relief arising from Bivens' 1982 conviction and sentence.
[1] A trial court may prohibit a litigant from filing further pro se pleadings attacking a judgment or sentence after numerous meritless and successive challenges.
[2] An appellate court may direct its clerk to reject for filing all pro se notices of appeal and petitions for extraordinary relief arising from a specific conviction and se…
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Join FLexlaw to unlock all legal intelligence“In excess of thirty proceedings, in at least six different forums, are documented, and the trial court is without access to many others.”
Demonstrates the extent of Bivens' frivolous litigation across multiple forums, establishing a pattern justifying sanctions.
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Join FLexlaw to unlock all legal intelligenceElijah Bivens was convicted of armed robbery in Hillsborough County in 1982 and has been incarcerated since that time. Over the course of at least six…
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PER CURIAM.
Elijah Bivens challenges the order of the trial court which denied his motion to correct illegal sentence and prohibits him from filing any further pro se pleadings in the circuit court attacking his judgment or sentence on trial court case number 81-4301. We affirm both the trial court’s denial of his meritless and successive attack on his 1982 sentence and its decision to forbid him from initiating additional challenges to his confinement under that trial court case number. We join the circuit court in its expression of exhaustion over Bivens’ litigiousness, and with this opinion proscribe him hereafter from seeking review, either appellate or through original proceedings, in this court in connection with his 1982 Hillsborough County conviction for armed robbery.
The trial court’s order for which review is sought in this appeal consists of fourteen meticulously drafted pages, outlining the epic litigation history Bivens has engineered from his prison setting in attempts to gain relief from the sentence he continues to serve. In excess of thirty proceedings, in at least six different forums, are documented, and the trial court is without access to many others. In the last six years alone Bivens has visited this court on no fewer than ten occasions in reference to his 1982 conviction.
The trial court’s judgment to discontinue devoting precious judicial energy to Bivens’ litigation is affirmed. See Huffman v. State, 693 So. 2d 570 (Fla. 2d DCA 1996). Furthermore, we direct the clerk of this court to reject for filing all pro se notices of appeal and petitions for extraordinary relief arising out of Bivens’ 1982 conviction and sentence. See Huffman v. Singletary, 696 So. 2d 788 (Fla. 2d DCA 1997). Should Bivens disregard either this opinion or the order of the trial court which we affirm, he may be subject to sanctions which can include the forfeiture of gain-time. See Mercade v. State, 698 So. 2d 1313 (Fla. 2d DCA 1997).
Accordingly, we affirm the denial of Bivens’ rule 3.850 motion and the limitation of further filings in the circuit court and direct the clerk of this court to reject all pro se filings directed to his 1982 conviction and sentence.
CAMPBELL, A.C. J., and BLUE and FULMER, JJ., concur.
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Spencer v. State, 717 So. 2d 95 (Fla. 1st DCA 1998)…with the court. See, e.g., Attwood v. Singletary, 661 So. 2d 1216 (Fla.1995); Attwood v. Eighth Circuit Court, 667 So. 2d 356 (Fla. 1st DCA 1995). Such a sanction can be imposed at the trial level as well as the appellate level. See Bivens v. State, 715 So. 2d 261 (Fla. 2d DCA 1998); Wareham v. State, 678 So. 2d 432 (Fla. 5th DCA), rev. denied, 686 So. 2d 583 (Fla.1996). In Martin v. Circuit Court, Seventeenth Judicial Circuit, 627 So. 2d 1298 (Fla. 4th DCA 1993), where the chief judge of a circuit court iss…
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Gerry Ranson v. State, 721 So. 2d 372 (Fla. 2d DCA 1998)…n unless submitted and signed by a member in good standing of The Florida Bar. Any such papers filed in violation of this order will be automatically placed in an inactive file. See Day v. Vinson, 713 So. 2d 1016 (Fla. 2d DCA 1998); Bivens v. State, 715 So. 2d 261 (Fla. 2d DCA 1998). Petition denied. CAMPBELL, A.C.J., and BLUE and SALCINES, JJ., concur.…
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Pettway v. State, 725 So. 2d 428 (Fla. 2d DCA 1999)…court and will be summarily stricken. See Day v. Vinson, 713 So. 2d 1016 (Fla. 2d DCA 1998) (finding that litigant had abused process of court, and directing that future actions filed by litigant be stricken or not filed). See also Bivens v. State, 715 So. 2d 261 (Fla. 2d DCA 1998); Huffman v. State, 693 So. 2d 570 (Fla. 2d DCA 1996); Attwood v. Singletary, 659 So. 2d 1127 (Fla. 2d DCA 1995). Affirmed. CAMPBELL, A.C.J., and WHATLEY and NORTHCUTT, JJ., Concur. . Pettway was convicted and sentenced on July…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Huffman v. State, 693 So. 2d 570 (Fla. 2d DCA 1996)
- Rafial A. Mercade v. State, 698 So. 2d 1313 (Fla. 2d DCA 1997)
- Huffman v. Singletary, 696 So. 2d 788 (Fla. 2d DCA 1997)