JOHNSON
v.
MADDOX

Fla. 1st DCA | 2025-01-29
No. 1D2024-2930
2025 FL 699 Florida District Court of Appeal, First District (2025)

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Synopsis

A Florida inmate filed a petition for writ of prohibition against the warden of his correctional institution. The First District Court of Appeal dismissed the petition for failure to state a preliminary basis for relief and warned of potential sanctions for frivolous future filings.


Holding

Johnson's petition for writ of prohibition was dismissed because he failed to state a preliminary basis for relief. The court warned that frivolous future filings may result in sanctions, including prohibition of pro se filings and referral for disciplinary procedures.


Headnotes

[1] A petition for writ of prohibition that fails to state a preliminary basis for relief is subject to dismissal.

[2] A court may warn a pro se litigant of the risk of sanctions, including prohibition on future pro se filings and referral for disciplinary procedures, if subsequent filing…

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Key Quotes

“The court dismisses the petition for failure to state a preliminary basis for relief.”

Statement of the court's disposition and primary holding that the petition was deficient in pleading requirements.

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Facts & Procedural History

Antonio Johnson, an inmate at Apalachee Correctional Institution, filed a petition for writ of prohibition against Warden David Maddox. The petition d…

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Opinion of the Court

January 29, 2025 PER CURIAM.

The court dismisses the petition for failure to state a preliminary basis for relief. The court also warns the petitioner that any future filings determined to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this court and a referral to the appropriate institution for disciplinary procedures. See § 944.279, Fla. Stat. (2024). KELSEY, M.K. THOMAS, and TANENBAUM, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Antonio Johnson, pro se, Petitioner. Dan Johnson, General Counsel, and Kelly R. Forren, Assistant General Counsel, Department of Corrections, Tallahassee, for Respondent.


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