ANTHONY J. FAILS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that the petition for writ of mandamus is unauthorized and frivolous because it violates a prior court order imposing sanctions against the petitioner for filing repetitive and meritless claims.
[1] A court may strike a petition as unauthorized and refer the matter for disciplinary action when the petition violates a prior court order imposing sanctions against the p…
[2] A litigant previously sanctioned and prohibited from filing pro se pleadings challenging a specific judgment may not file further pro se pleadings challenging that same j…
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Join FLexlaw to unlock all legal intelligenceThe petitioner filed a petition for writ of mandamus challenging a prior judgment and sentence, which violated a previous court order that sanctioned …
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This petition for writ of mandamus challenges petitioner’s 2004 Escambia County Circuit Court judgment and sentence for sexual battery. Because this petition violates a prior opinion of this court imposing sanctions against petitioner, we strike the petition as unauthorized and refer the matter to the Department of Corrections for disciplinary action.
In case number 1D10-3485, petitioner filed a petition for writ of habeas corpus in this court concerning the same 2004 Es-cambia County Circuit Court judgment and sentence for sexual battery. An order issued in that case directing petitioner to show cause why sanctions should not be imposed against him. See State v. Spencer, 751 So.2d 47, 48 (Fla.1999) (recognizing the potential for abuse of the right to pro se access to the courts but declaring “it is important for courts to first provide notice and an opportunity to respond before preventing that litigant from bringing further attacks on his or her conviction and sentence”). The show cause order noted that petitioner had repeatedly challenged the 2004 Escambia County judgment and sentence for sexual battery, but he had failed to obtain relief in this court by criminal appeal, appeal from the denial of a motion *624for postconviction relief, petition for writ of habeas corpus or petition alleging ineffective assistance of appellate counsel. Ultimately, this court issued an opinion1 which dismissed the petition and imposed sanctions against petitioner, including a prohibition against filing any further pro se pleadings in this court challenging the 2004 Escambia County judgment and sentence unless he was represented by a member in good standing of The Florida Bar. See Fails v. State, 46 So.3d 1032 (Fla. 1st DCA 2010).
Petitioner now seeks a writ of mandamus2 to challenge the same 2004 Escambia County Circuit Court judgment and sentence for sexual battery. The petition is wholly meritless, because there is no showing that petitioner has “a clear legal right to the requested relief, the respondent [has] an indisputable legal duty to perform the requested action, and the petitioner [has] no other adequate remedy available.” Huffman v. State, 813 So.2d 10,11 (Fla.2000).
We find that the petition filed in this case-is frivolous. Accordingly, a certified copy of this opinion shall be provided to the Florida Department of Corrections to be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the Department as provided in section 944.279, Florida Statutes (2013). See Ibarra v. State, 45 So.3d 911 (Fla. 4th DCA 2010) (stating that a show cause order is not required for the imposition of sanctions under section 944.279). Any future pleadings filed by petitioner which violate this order may result in the imposition of additional sanctions, including another referral to the Department for disciplinary procedures under section 944.279. See Fla. R. App. P. 9.410.
Finally, we note that since the sanction opinion issued in Fails v. State, 46 So.3d 1032 (Fla. 1st DCA 2010), petitioner has filed seven additional cases in this court, six of which have been dismissed or denied without relief. One case remains pending. Petitioner is warned that the filing of any additional appeals or petitions which are determined to be frivolous may result in an order barring all pro se filings by petitioner in this court. See Fla. R. App. P. 9.410.
THOMAS, WETHERELL, and MARSTILLER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ponton v. Warden John Willis, 172 So. 3d 574 (Fla. 1st DCA 2015)…314, at § 9-32. The loss of gain time may not deter a life-sentenced inmate such as Pon-ton from frivolous filings, but disciplinary confinement might. It is not necessary to issue a Spencer1 order before making such a referral, see Fails v. State, 137 So. 3d 623, 624 (Fla. 1st DCA 2014) (citing Ibarra v. State, 45 So. 3d 911 (Fla. 4th DCA 2010)), and the prisoner need not be a “frequent-filer” who has previously raised the same or similar claim to be referred for disciplinary action under section 944.279(1)…
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Carroll v. State, 192 So. 3d 525 (Fla. 1st DCA 2016)…tation exists.”). Accordingly, pursuant to section 944.279, Florida. Statutes., we direct the Clerk to forward a certified copy of this opinion to the Department of Corrections for appropriate disciplinary action against Carroll. See Fails v. State, 137 So. 3d 623, 624 (Fla. 1st DCA 2014) (citing Ibarra v. State, 45 So. 3d 911 (Fla. 4th DCA 2010), for the proposition that a show cause order is not required before imposing sanctions under section 944.279); Cooper v. State, 89 So. 3d 979, 980 (Fla. 1st DCA 2012…
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Fails v. Jones, 240 So. 3d 799 (Fla. 1st DCA 2018)
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Pettway v. State, 776 So. 2d 930 (Fla. 2000)
- Huffman v. State, 813 So. 2d 10 (Fla. 2000)
- Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999)
- Ibarra v. State, 45 So. 3d 911 (Fla. 4th DCA 2010)
- Fails v. State, 46 So. 3d 1032 (Fla. 1st DCA 2010)