MARCSENE UTILE
v.
STATE OF FLORIDA
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A petitioner whose habeas corpus petition has been denied may be cautioned and threatened with sanctions for filing further abusive, repetitive, malicious, or frivolous filings on the same matter.
[1] A court may caution a pro se petitioner that further abusive, repetitive, malicious, or frivolous filings may result in sanctions including a bar on pro se filing and ref…
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Join FLexlaw to unlock all legal intelligencePetitioner Marcsene Utile, proceeding pro se, filed a petition for writ of habeas corpus stemming from Orange County Circuit Court Case Number 2004-CF…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
MARCSENE UTILE,
Petitioner,
v. Case No. 5D21-3000 Lower Case No. 2004-CF-009613
STATE OF FLORIDA,
Respondent.
________________________________/
Opinion filed February 4, 2022
Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction.
Marcsene Utile, Wewahitchka, 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 2004-CF- 009613. 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
2 Orange County Circuit Court Case No. 2004-CF-009613, 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. (2020); State v. Spencer, 751 So. 2d 47 (Fla. 1999).
PETITIONER CAUTIONED.
EDWARDS, EISNAUGLE and HARRIS, JJ., concur.