IRWIN HICKS, JR.
v.
STATE OF FLORIDA

Fla. 5th DCA | 2023-11-17
No. 23-2134
Florida District Court of Appeal, Fifth District (2023)

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Holding

A party may be barred from further pro se filings in a court when those filings are repetitious and frivolous and constitute an abuse of the judicial process.


Headnotes

[1] A court may bar a pro se litigant from future filings when that litigant engages in a pattern of repetitious and frivolous filings that constitute an abuse of the judicia…

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Facts & Procedural History

Irwin Hicks, Jr., a pro se litigant incarcerated in Florida, filed a petition for writ of habeas corpus and submitted a response to a court order rega…

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Opinion of the Court

November 17, 2023 PER CURIAM.

Having considered Petitioner’s response, filed October 27, 2023, to this Court’s order, and finding that 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 concerning Lake County Circuit Court Case Nos. 2014-CF-491, 2014-CF-821, 2014-CF-822, and 2014-CF-823.

Therefore, because Petitioner’s repetitious, frivolous filings have become an abuse of the legal process, we hold that Petitioner is barred from future pro se filings in this Court concerning Lake County Circuit Court Case Nos. 2014-CF-491, 2014-CF-821, 2014-CF-822, and 2014-CF-823. The Clerk of the Court is directed not to accept any future filings regarding the referenced cases, unless they are filed by a member in good standing of The Florida Bar. This includes any post-disposition motion filed in response to this order.

FURTHER PRO SE FILINGS PROHIBITED.

MAKAR, EISNAUGLE, and KILBANE, JJ., concur.


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