ORVEL WINSTON LLOYD, PETITIONER,
v.
WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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Orvel Lloyd petitioned for a writ of prohibition challenging his conviction and sentence, arguing the same issues had been previously rejected. The court denied the petition and, finding Lloyd had filed 27 frivolous cases since 2003 with no successful relief, imposed sanctions requiring him to retain counsel for future filings or face dismissal of his cases.
The petition for writ of prohibition is denied with prejudice. Sanctions are imposed requiring Lloyd to secure representation by a member of The Florida Bar for any active case pending before this court within 10 days, or such cases shall be dismissed. The court clerk is directed to accept no further pro se filings from Lloyd.
[1] A petition for writ of prohibition is denied with prejudice when the challenges raised have previously been considered and found to be without merit.
[2] A court may impose sanctions, including prohibiting a party from appearing pro se, when their repetitious and frivolous filings adversely affect the court's ability to co…
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The court's rejection of Lloyd's substantive challenge to his conviction and sentence
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Join FLexlaw to unlock all legal intelligenceOrvel Winston Lloyd was convicted and sentenced in Nassau County case number 2002-CF-0288. Since 2003, Lloyd had filed 27 cases as appellant or petiti…
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By petition for writ of prohibition, Orvel Winston Lloyd challenges his conviction and sentence in Nassau County case number 2002-CF-0288. These challenges have previously been considered by the circuit court and this court and found to be without merit. Accordingly, the petition for writ of prohibition is denied with prejudice.
Further, this court issued the following order on June 11, 2010:
By petition for writ of prohibition, Orvel Winston Lloyd challenges his conviction and sentence in Nassau County case number 2002 CF 288. The records of this court reflect 27 cases in which Lloyd has appeared as appellant or petitioner since 2003. Most of the cases involved the same judgment and sentence, and none have resulted in the granting of any substantive relief to Lloyd.
Upon consideration of the above, this Court finds that Orvel Winston Lloyd’s repetitious and frivolous filings have adversely affected the ability of this Court to devote its finite resources to consideration of legitimate claims. Petitioner shall therefore show cause within 20 days of the date of this order why sanctions, possibly including a prohibition against appearing in this Court unless represented by counsel, should not be imposed against him.
Lloyd has filed a “Motion to Strike Court Sanctions Under Manifest Injustice” which this court has treated as a response to the order to show cause. Having reviewed that response, we conclude that good cause has not been shown why sanctions should not be imposed. Accordingly, it is hereby ordered that Orvel Winston Lloyd shall secure the filing of a notice of appearance by a member in good standing of The Florida Bar in any active case now pending before this court in which he appears as appellant or petitioner within 10 days of the date of this order, failing which such cases shall be dismissed. Further, the clerk of this court is directed to accept no further pro se filings from Lloyd; if received, such documents shall be returned to Lloyd without filing and with a reference to this order.
PETITION DENIED; SANCTION IMPOSED.
WEBSTER, WETHERELL, and MARSTILLER, JJ., concur.