VINCENT MITCHELL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Fifth District Court of Appeal barred a habeas corpus petitioner from filing further pro se pleadings in his case after determining he was abusing the judicial process through repetitive, meritless filings.
A habeas corpus petitioner who files multiple meritless post-conviction challenges may be barred from further pro se filings in the same case.
[1] A pro se litigant filing multiple meritless post-conviction petitions in the same case may be barred from further pro se filings as an abuse of the judicial process.
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Join FLexlaw to unlock all legal intelligenceVincent Mitchell filed his seventh post-conviction habeas corpus petition challenging his judgment and sentence in a Marion County criminal case. The …
The full statement of facts, procedural history, and disposition for this case are member content.
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ON ORDER TO SHOW CAUSE
After denying Petitioner, Vincent Mitchell’s [“Mitchell”], Petition for Writ of Ha-beas Corpus, his seventh post-conviction challenge to his judgment and sentence in Fifth Circuit Case No. 2005-CF-001324, and determining that the petition was mer-itless, as were his preceding filings, we issued a Spencer 1 show cause order directing Mitchell to demonstrate why he should not be barred from further pro se challenges to his convictions and sentences in this case. Having considered Mitchell’s response and finding it to be unpersuasive, we conclude that he is abusing the judicial process and should be barred from further pro se filings. Therefore, we now prohibit Mitchell from filing with this Court any further pro se pleadings concerning Marion County, Fifth Circuit Case case number 2005-CF-001324. The Clerk of this Court is directed not to accept any further pro se filings from Mitchell concerning this case. Any additional pleading regarding this case will be summarily rejected by the clerk, unless filed by a member in good standing of The Florida Bar. See Johnson v. State, 652 So.2d 980 (Fla. 5th DCA 1995). The clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See Simpkins v. State, 909 So.2d 427, 428 (Fla. 5th DCA 2005); § 944.279(1), Fla. Stat. (2010).
Future pro se filings PROHIBITED; Certified Opinion FORWARDED to Department of Corrections.
GRIFFIN, ORFINGER and LAWSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Simpkins v. State, 909 So. 2d 427 (Fla. 5th DCA 2005)
- Johnson v. State, 652 So. 2d 980 (Fla. 5th DCA 1995)