MICHAEL ELMER
v.
STATE OF FLORIDA
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The Florida First District Court of Appeal imposed sanctions against a pro se prisoner appellant for filing numerous repetitive and meritless proceedings, prohibiting him from filing further pro se challenges to his conviction without Bar-certified counsel.
A pro se prisoner who has filed numerous repetitive and meritless proceedings may be prohibited from filing further pro se filings in the appellate court and sanctioned for frivolous litigation.
[1] A pro se prisoner who files numerous repetitive and meritless proceedings in an appellate court may be prohibited from filing further pro se filings and required to retai…
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Join FLexlaw to unlock all legal intelligenceMichael Elmer, a state prisoner, filed multiple repetitive and meritless proceedings in the First District Court of Appeal challenging his conviction …
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PER CURIAM.
This court issued an order on August 10, 2018, directing Appellant to show cause why sanctions should not be imposed against him in view of his having instituted numerous repetitive, meritless proceedings in this court. See State v. Spencer, 751 So. 2d 47 (Fla. 1999). We have reviewed Appellant’s response and determined it does not provide a legal basis to justify withholding imposition of sanctions.
Appellant is hereby prohibited from filing any pro se filings in this Court challenging his conviction and sentence imposed in Leon County case number 1995-CF-3305. The Clerk of this Court is directed to not accept any filings in this case unless they are signed by a member in good standing of the Florida Bar. Additionally, we find this appeal is a frivolous proceeding brought before this Court by a state prisoner. See § 944.279(1), Fla. Stat. (2017). We direct the clerk to forward a certified copy of this opinion to the appropriate institution or facility within the Florida Department of Corrections for disciplinary procedures pursuant to department rules.
B.L. THOMAS, C.J., and OSTERHAUS and BILBREY, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Michael Elmer, pro se, Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
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