CHUKI P. DAVIS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2021-12-30
No. 21-2916
Lambert, C.J., Evander, J., Eisnaugle, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A petitioner whose habeas corpus filings are abusive, repetitive, malicious, or frivolous may be sanctioned with a bar on pro se filings and referral for disciplinary proceedings.


Headnotes

[1] A court may sanction a pro se litigant whose filings are abusive, repetitive, malicious, or frivolous by imposing a bar on future pro se filings and referring the matter…

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Facts & Procedural History

Chuki P. Davis, a pro se petitioner, filed a petition for writ of habeas corpus stemming from Orange County Circuit Court Case Number 2005-CF-13289. T…

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Opinion of the Court
Petitioner Warned. Lambert

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF

FLORIDA FIFTH DISTRICT

CHUKI P. DAVIS,

Petitioner,

v. Case No. 5D21-2916 L.T. Case No. 2005-CF-013289-A-O

STATE OF FLORIDA,

Respondent.

________________________________/

Opinion filed December 30, 2021

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

Chuki P. Davis, Crestview, pro se.

No Appearance for Respondent.

PER CURIAM.

This Court earlier denied Petitioner’s petition for writ of habeas corpus stemming from Orange County Circuit Court Case Number 2005-CF-13289. 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 arising from or related to Orange County Circuit Court Case

2 Number 2005-CF-13289 may result in sanctions such as a bar on pro se filings in this Court and referral to prison officials for consideration of disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2021); State v. Spencer, 751 So. 2d 47 (Fla. 1999).

PETITIONER WARNED.

LAMBERT, C.J., EVANDER and EISNAUGLE, JJ., concur.


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