DANNY A. GREEN, PETITIONER,
v.
KENNETH S. TUCKER, ETC., RESPONDENT
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The court held that the inmate's petition was procedurally barred and frivolous, warranting sanctions.
[1] A court may impose sanctions, including prohibiting future pro se filings related to a specific case, upon a prisoner who files frivolous proceedings.
[2] Extraordinary writ petitions cannot be used to relitigate issues that were or could have been raised on direct appeal or in prior postconviction proceedings.
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Join FLexlaw to unlock all legal intelligenceAn inmate filed a pro se habeas corpus petition alleging illegal sentences, which had previously been denied on the merits by the sentencing court. Th…
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Danny A. Green, an inmate in state custody, filed a pro se petition for writ of habeas corpus with this Court alleging that his sentences are illegal.1 We denied the petition in this case by way of an unpublished order,2 determining that the petition was procedurally barred.3 In disposing of the petition in this case, we expressly retained jurisdiction to pursue, possible sanctions against Green. See generally Fla. R.App. P. 9.410(a).
In 2005, Green was convicted and sentenced for committing two sex offenses in Alachua County, Florida (circuit court case number 01-2004-CF-2871-A). Green’s sentence was to be followed by ten years of sex offender probation. Yet, in 2008, the sentencing court entered an order sua sponte removing the ordered sex offender probation nunc pro tunc to November 10, 2005, the date Green was sentenced. The sex offender probation was removed because it caused Green’s sentences to exceed the statutory maximum for the offenses. Shortly afterward, Green filed a motion to correct sentencing error in which he inexplicably alleged that the sentencing court erred by correcting his sentence nunc pro tunc to November 10, 2005, the date he was sentenced. The *359sentencing court denied the motion on the merits.4 Similarly, the sentencing court denied, on the merits, Green’s subsequent motion to correct illegal sentences.5 Thus, it is clear from the record before this Court6 that Green is not entitled to any relief based on a claim that his sentences ordered in circuit court case number 01-2004-CF-2871-A are illegal.
Since 2009, Green has filed six previous extraordinary writ petitions with this Court seeking various forms of relief related to his convictions or sentences. We observe that in none of the petitions that Green filed in this Court, has any relief been granted to him.7 Each of Green’s extraordinary writ petitions filed with this Court has been devoid of merit or inappropriate for consideration.
We issued an order directing Green to show cause why he should not be prohibited from filing any subsequent pro se filings in this Court that are related to circuit court case number 01-2004-CF-2871-A.8 After considering Green’s response, we conclude that it fails to show cause why sanctions should not be imposed. We further conclude that Green’s procedurally barred petition filed in this case is a frivolous proceeding brought before this Court by a state prisoner. See § 944.279, Fla. Stat. (2011).
Accordingly, the Clerk of this Court is hereby instructed to reject any future pleadings, petitions, motions, documents, or other filings submitted by Danny A. Green that are related to circuit court case number 01-2004-CF-2871-A. Our order will apply to Green’s filings pertaining to circuit court case number 01-2004-CF-2871-A unless such filings are signed by a member in good standing of The Florida Bar. Counsel may file on Green’s behalf if counsel determines that the proceeding may have merit and can be brought in good faith.9 Furthermore, since we have found Green’s petition to be frivolous, we direct the Clerk of this Court, pursuant to section 944.279(1), Florida Statutes (2011), to forward a certified copy of this opinion to the Department of Corrections’ institu*360tion or facility where Danny A. Green is incarcerated.10
It is so ordered.
POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.
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Citator
Cited By
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Chadrick v. Pray, 213 So. 3d 914 (Fla. 2017)…authority to sanction litigants who abuse the judicial process and burden its limited resources with repeated requests for relief that are either frivolous or devoid of merit. E.g., Nelson v. Crews, 110 So. 3d 890, 891 (Fla. 2013); Green v. Tucker, 101 So. 3d 358 (Fla. 2012). Pray’s persistent filing of frivolous or meritless requests for relief is an abuse of the judicial process and has burdened this Court’s limited judicial resources. Because Pray has repeatedly raised the same meritless arguments, and ap…
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Pettway v. McNEIL, 987 So. 2d 20 (Fla. 2008)
- McArthur Breedlove v. Singletary, 595 So. 2d 8 (Fla. 1992)
- Steele v. State, 14 So. 3d 221 (Fla. 2009)
- James v. Tucker, 75 So. 3d 231 (Fla. 2011)
- State v. Hogan, 775 So. 2d 288 (Fla. 2000)
- Denson v. State, 775 So. 2d 288 (Fla. 2000)
- Dk Arena, Inc. v. Eb Acquisitions, LLC, 47 So. 3d 1288 (Fla. 2010)
- Gaffney v. Tucker, 94 So. 3d 556 (Fla. 2012)
- Chance Jawwun JOE v. State (Fla. 4th DCA 2020)