JOSE CRUZ, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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Florida appellate court denies pro se petitioner's direct petition for sentence review and orders him to show cause why he should not be prohibited from filing further pro se appeals in the same case due to abuse of process through successive meritless filings.
A pro se litigant who has repeatedly filed successive or meritless collateral challenges to the same conviction and sentence may be prohibited from further pro se filings and required to obtain counsel before filing additional appeals in that case.
[1] A pro se litigant's constitutional right of access to courts may be restricted upon a finding of abuse of the judicial process through successive or meritless collateral…
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Join FLexlaw to unlock all legal intelligence“that right is not unrestricted and may be curtailed upon a finding that the party has abused the judicial process by the continued filing of successive or meritless collateral claims”
Court explaining the limits on pro se filing rights when abuse of process occurs
Jose Cruz, proceeding pro se, has unsuccessfully sought appellate review of his sentence in Case No. 92-20576A on numerous occasions, raising the same…
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Having been prohibited from further pro se filings in the trial court challenging his sentence in lower court Case No. 92-20576A after numerous attempts, Jose Cruz petitions this Court directly for review of the sentence in this case. We deny the petition without further discussion.
ORDER TO SHOW CAUSE
Petitioner has unsuccessfully sought appellate review of the legality of his current sentence on many occasions, notwithstanding the fact that the same claims for relief previously have been raised, determined on the merits, and affirmed on appeal. While pro se parties must be afforded a genuine and adequate opportunity to exercise their constitutional right of access to the courts, that right is not unrestricted and may be curtailed upon a finding that the party has abused the judicial process by the continued filing of successive or meritless collateral claims. ■ Accordingly, at this time, petitioner is ordered to show cause, within thirty (30) days of this order, why he should not be prohibited from filing any further pro se appeals, pleadings, motions, or petitions relating to his conviction, judgment, and sentence in Case No. 92-20576A. Absent a showing of good cause, we intend to direct the Clerk of the Third District Court of Appeal to refuse to accept any further filings relating to Case No. 92-20576A, unless they have been reviewed and signed by an attorney who is a licensed member of the Florida Bar in good standing.
So ordered.