ANTHONY J. AKINS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-09-13
No. 5D2024-1862
2024 FL 11280 Florida District Court of Appeal, Fifth District (2024)

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Holding

A prisoner's repeated pro se filings asserting identical claims stemming from the same conviction may be summarily dismissed with prejudice and subject to sanctions when determined to be abusive, repetitive, malicious, or frivolous.


Headnotes

[1] A court may dismiss a habeas corpus petition with prejudice and warn of sanctions including a bar on pro se filings when the petitioner has filed repeated, abusive, repet…

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Facts & Procedural History

Petitioner Akins filed a petition for writ of habeas corpus on July 8, 2024, in connection with a 2000 criminal conviction in Putnam County. The court…

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Opinion of the Court

PER CURIAM.

This Court previously affirmed Petitioner’s direct appeal and thereafter, affirmed several postconviction appeals filed in this Court stemming from Putnam County Circuit Court Case No. 2000-CF-000803-A. 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 stemming from the identified case number may result in sanctions such as a bar on pro se filings in this Court and referral to prison

officials for disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2024); State v. Spencer, 751 So. 2d 47 (Fla. 1999). Moreover, the Petition for Writ of Habeas Corpus, filed July 8, 2024, is dismissed with prejudice. See Richardson v. State, 918 So. 2d 999, 1002–03 (Fla. 5th DCA 2006).

PETITIONER WARNED; PETITION DISMISSED with PREJUDICE.

JAY, SOUD, and MACIVER, JJ., concur.


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