DYWAYNE TONY WILSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that the petitioner's current petition for habeas corpus is procedurally barred and frivolous, and therefore, future pro se filings concerning the specific case will be prohibited.
The petitioner, Dy-wayne Wilson, sought habeas corpus to review a prior order barring his pro se filings, which had been upheld on appeal years earlie…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
For his 1991 crimes, the petitioner Dy-wayne Wilson appears here for the fourteenth time. He asserts that habeas corpus is appropriate to review an order entered by the circuit court a number of years ago, which barred him from further pro se filings. However, in 1998, this court upheld that decision on appeal. Wilson v. State, 727 So. 2d 949 (Fla. 5th DCA 1998). Petitioner is not entitled to a second bite of that apple seven years later. This petition is also procedurally barred because petitioner raises a claim regarding his prior convictions which this court has thoroughly reviewed and rejected on the merits in the past.
Consequently, we are forced to conclude that this petition is frivolous and an abuse of process. See Isley v. State, 652 So. 2d 409, 410 (Fla. 5th DCA 1995); Henderson v. State, 903 So. 2d 999 (Fla. 5th DCA 2005). In order to conserve judicial resources, we prohibit Dywayne Wilson from filing with this Court any further pro se pleadings concerning Volusia County, Seventh Judicial Circuit Court No. 91-4212-CFAES.
The Clerk of this Court is directed not to accept any further pro se filings concerning this case from Wilson. Any more pleadings regarding this case will be summarily rejected by the Clerk, unless it is filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See section 944.279(1), Fla. Stat. (2004).
WRIT DENIED; Future Pro Se Filings PROHIBITED; Certified Opinion FORWARDED to Department of Corrections.
PALMER, SHARP, W. and SAWAYA, JJ., concur.
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Svoboda v. State, 932 So. 2d 545 (Fla. 5th DCA 2006)…tion or facility for disciplinary procedures pursuant to the rules of the department as provided in s. 944.09. See also Nixon v. State, 921 So. 2d 819 (Fla. 5th DCA 2006); Miller v. State, 917 So. 2d 261 (Fla. 5th DCA 2005); Wilson v. [*547] State, 916 So. 2d 975 (Fla. 5th DCA 2005); Cole v. State, 913 So. 2d 709 (Fla. 5th DCA 2005); Simpkins v. State, 909 So. 2d 427, 428 (Fla. 5th DCA 2005); Valentine v. State, 873 So. 2d 608 (Fla. 5th DCA 2004). Based upon the commissioner’s recommendation, we deny Svobod…
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Napoleon Britt v. State, 931 So. 2d 209 (Fla. 5th DCA 2006)…member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla. Stat. (2005); Wilson v. State, 916 So. 2d 975 (Fla. 5th DCA 2005); Simpkins v. State, 909 So. 2d 427, 428 (Fla. 5th DCA 2005). AFFIRMED. Future Pro Se Filings PROHIBITED; Certified Opinion FORWARDED to Department of Corrections. SAWAYA and LAWSON, JJ., concur. . See Fla. R.Crim. P. 3.800.…
Authorities Cited
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- Henderson v. State, 903 So. 2d 999 (Fla. 5th DCA 2005)