OTIS TIMMONS
v.
STATE OF FLORIDA
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A habeas corpus petitioner may be prohibited from filing further pro se petitions in a case when he abuses the judicial process through repetitive, malicious, or frivolous filings.
[1] A court may impose sanctions prohibiting a pro se litigant from filing further papers in a particular case when the litigant engages in repetitive, malicious, or frivolou…
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Court's reference to Isley v. State when prohibiting further pro se filings and requiring attorney representation for any future submissions.
Otis Timmons, a pro se litigant, filed repetitive petitions attacking his conviction and sentence in a criminal case from 2007. The court previously d…
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This Court previously denied Petitioner’s petition for writ of habeas corpus. Due to Petitioner’s apparent abuse of the legal process by his abusive, repetitive, malicious, or frivolous pro se filings attacking his judgment and sentence in Marion County Fifth Judicial Circuit Court Case Number 2007-CF-000802-A, this Court issued an order directing Petitioner to show cause why he should not be prohibited from future pro se filings. See State v. Spencer, 751 So. 2d 47 (Fla. 1999). Having carefully considered the response and finding it fails to show cause why sanctions should not be imposed, we conclude that Petitioner is abusing the judicial process and should be barred from further pro se filings.
In order to conserve judicial resources, Petitioner is prohibited from filing with this Court any further pro se filings concerning his conviction and sentence imposed in Marion County case number 2007-CF-000802-A. The Clerk of this Court is directed to not accept any filings in this case unless they are signed by a member in good standing of the Florida Bar. See Isley v. State, 652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough”). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See § 944.279(1), Fla. Stat. (2022); Simpkins v. State, 909 So. 2d 427, 428 (Fla. 5th DCA 2005).
SANCTIONS IMPOSED. PETITIONER PROHIBITED FROM FUTURE FILINGS.
EVANDER, WALLIS AND HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- Simpkins v. State, 909 So. 2d 427 (Fla. 5th DCA 2005)