LEON J. NICELY, JR.
v.
STATE OF FLORIDA
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A pro se litigant who files multiple repetitive and meritless appeals challenging the same conviction may be prohibited from filing further pro se pleadings in that matter and subjected to disciplinary procedures.
[1] A court may prohibit a pro se litigant from filing further pleadings without counsel when the litigant has filed multiple repetitive and meritless proceedings challenging…
[2] A frivolous appeal by a state prisoner challenging a conviction may be referred to the Department of Corrections for disciplinary procedures against the prisoner.
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Join FLexlaw to unlock all legal intelligenceNicely, a state prisoner, filed numerous repetitive and meritless proceedings in the First District challenging his conviction and sentence in a Duval…
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July 9, 2018 PER CURIAM.
This court issued an order on May 2, 2018, directing Appellant to show cause why sanctions should not be imposed against him in light of his having instituted numerous repetitive, meritless proceedings in this court. See State v. Spencer, 751 So. 2d 47 (Fla. 1999). We have reviewed Appellant’s response and determined it does not provide a legal basis to justify withholding imposition of sanctions.
Appellant is hereby prohibited from filing any pro se filings in this court challenging his conviction and sentence imposed in Duval County case number 16-1996-CF-8172. 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. Additionally, we find this appeal is a frivolous proceeding brought before this court by a state prisoner. See § 944.279(1), Fla. Stat. (2017). We direct the clerk to forward a certified copy of this opinion to the appropriate institution or facility within the Florida Department of Corrections for disciplinary procedures pursuant to department rules.
OSTERHAUS, WINOKUR, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Leon J. Nicely, Jr., pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.