SYLVESTER ANDREWS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-04-04
No. 2024-3339
Edwards, C.J., Harris, J., Soud, J.
2025 FL 2960 Florida District Court of Appeal, Fifth District (2025)

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Holding

A petitioner whose habeas corpus petition has been dismissed may be cautioned and threatened with sanctions for filing further abusive, repetitive, malicious, or frivolous filings on the same matter.


Headnotes

[1] A court may warn a pro se litigant that continued filing of abusive, repetitive, malicious, or frivolous petitions on the same matter may result in sanctions including a…

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Key Quotes

“Because it appears that Petitioner's filings are abusive, repetitive, malicious, or frivolous, Petitioner is cautioned that any further similarly inappropriate pro se filings in this Court asserting claims stemming from Putnam County Circuit Court Case No. 2003-CF-1001-A may result in sanctions such as a bar on pro se filing in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time.”

Court's cautionary statement regarding potential sanctions for future filings

Facts & Procedural History

Sylvester Andrews, a pro se litigant, filed a petition for writ of habeas corpus in the Fifth District Court of Appeal stemming from Putnam County Cir…

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Opinion of the Court
Petitioner Cautioned. Edwards

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D2024-3339 LT Case No. 2003-CF-1001-A _____________________________

SYLVESTER ANDREWS,

Petitioner,

v.

STATE OF FLORIDA,

Respondent. _____________________________

Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction.

Sylvester Andrews, Jasper, pro se.

No Appearance for Respondent.

April 4, 2025

PER CURIAM.

This Court earlier dismissed Petitioner’s petition for writ of habeas corpus stemming from Putnam County Circuit Court Case No. 2003-CF-1001-A. Because it appears that Petitioner’s filings are abusive, repetitive, malicious, or frivolous, Petitioner is cautioned that any further similarly inappropriate pro se filings in this Court asserting claims stemming from Putnam County Circuit Court Case No. 2003-CF-1001-A may result in sanctions

2 such as a bar on pro se filing in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2020); State v. Spencer, 751 So. 2d 47 (Fla. 1999).

PETITIONER CAUTIONED.

EDWARDS, C.J, and HARRIS and SOUD, JJ., concur.


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