VICTOR HICKS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-05-16
No. 2024-2733
Toner, J., Wallis, J., Eisnaugle, J., Pratt, J.
2025 FL 4230 Florida District Court of Appeal, Fifth District (2025)

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Holding

A pro se litigant who files repeated, abusive, repetitive, malicious, or frivolous petitions may be sanctioned by barring further pro se filings and referral to prison officials for disciplinary proceedings.


Headnotes

[1] A court may sanction a pro se litigant for filing repeated, abusive, repetitive, malicious, or frivolous petitions by imposing sanctions including a bar on further pro se…

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Key Quotes

“In light of Petitioner's repeated filings that appear to be abusive, repetitive, malicious, or frivolous, Petitioner is cautioned that any further pro se filings in this Court relating to the aforementioned case numbers may result in sanctions.”

Court's warning to petitioner regarding future filings

Facts & Procedural History

Victor Hicks, proceeding pro se, filed a petition for writ of prohibition (treated as mandamus) arising from Hernando County Circuit Court cases. This…

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Opinion of the Court
Pratt

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D2024-2733 LT Case Nos. 2023-CF-1307-A 2024-CA-577 _____________________________

VICTOR HICKS,

Petitioner,

v.

STATE OF FLORIDA,

Respondent. _____________________________

Petition for Writ of Mandamus. Stephen E. Toner, Jr., Respondent Judge.

Victor Hicks, Malone, pro se.

No Appearance for Respondent.

May 16, 2025

PER CURIAM.

This Court previously denied Petitioner’s petition for writ of prohibition, which was treated as a writ of mandamus, arising from Hernando County Circuit Court Case Nos. 2023-CF-1307-A and 2024-CA-577. In light of Petitioner’s repeated filings that appear to be abusive, repetitive, malicious, or frivolous, Petitioner is cautioned that any further pro se filings in this Court relating to the aforementioned case numbers may result in sanctions. Such

2 sanctions may include a bar on further pro se filing in this Court and referral to prison officials for disciplinary proceedings, which could include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2024); State v. Spencer, 751 So. 2d 47 (Fla. 1999).

PETITIONER WARNED.

WALLIS, EISNAUGLE, and PRATT, JJ., concur.


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