JERMAINE LEWIS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-03-06
No. 20-0034
Lemonidis, J., Orfinger, J., Grosshans, J., Traver, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A petitioner whose habeas corpus petition has been denied may be sanctioned for abusive, repetitive, malicious, or frivolous pro se filings by barring future pro se filings and referral to prison officials for disciplinary proceedings.


Headnotes

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

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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 pro se filings in this Court asserting claims stemming from Brevard County Circuit Court Case No. 05-1996-CF-29051-C 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 warning to petitioner regarding potential sanctions for continued frivolous filings

Facts & Procedural History

Jermaine Lewis, a pro se petitioner, filed a petition for writ of habeas corpus stemming from Brevard County Circuit Court Case No. 05-1996-CF-29051-C…

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Opinion of the Court
Traver

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

JERMAINE LEWIS,

Petitioner,

v. Case No. 5D20-0034

STATE OF FLORIDA,

Respondent. ________________________________/

Opinion filed March 6, 2020

Appeal from the Circuit Court for Brevard County, Robin C. Lemonidis, Judge.

Jermaine Lewis, Orlando, pro se.

No Appearance for Respondent.

PER CURIAM.

This Court earlier denied Petitioner’s petition for writ of habeas corpus stemming from Brevard County Circuit Court Case Number 05-1996-CF-29051-C. Because it appears that Petitioner’s filings are abusive, repetitive, malicious, or frivolous, Petitioner is cautioned that any further pro se filings in this Court asserting claims stemming from Brevard County Circuit Court Case No. 05-1996-CF-29051-C 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. See § 944.279(1), Fla. Stat. (2019); State v. Spencer, 751 So. 2d 47 (Fla. 1999). ORFINGER, GROSSHANS and TRAVER, JJ., concur.


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