JAMES RAY BOOTH
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-08-12
No. 22-1394
Florida District Court of Appeal, Fifth District (2022)

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Holding

The trial court properly denied appellant's motion for postconviction relief, and appellant is cautioned against filing further abusive, repetitive, malicious, or frivolous pro se motions in this case.


Headnotes

[1] A court may sanction a pro se litigant who files abusive, repetitive, malicious, or frivolous motions by imposing a bar on pro se filing and referring the matter to priso…

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Key Quotes

“Because it appears that Appellant's postconviction filings are abusive, repetitive, malicious, or frivolous, Appellant is cautioned that any further similarly inappropriate pro se filings in this Court asserting claims stemming from Hernando County Circuit Court Case Number 2006-CF-002030-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 language regarding potential future sanctions

Facts & Procedural History

James Ray Booth, proceeding pro se, filed postconviction relief motions in a criminal case from 2006. The trial court denied the motion, and Booth app…

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Opinion of the Court

PER CURIAM.

This Court previously affirmed the trial court’s order denying Appellant’s motion for postconviction relief in Hernando County Circuit Court Case Number 2006-CF-002030-A. Because it appears that Appellant’s postconviction filings are abusive, repetitive, malicious, or frivolous, Appellant is cautioned that any further similarly inappropriate pro se filings in this Court asserting claims stemming from Hernando County Circuit Court Case Number 2006-CF-002030-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. See § 944.279(1), Fla. Stat. (2020); State v. Spencer, 751 So. 2d 47 (Fla. 1999). APPELLANT CAUTIONED.

WALLIS, EDWARDS and HARRIS, JJ., concur.


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