DEREK B. BETTS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-01-22
No. 17-3239
Whittington, J., Lewis, J., Kelsey, J., M.K. Thomas, J.
233 So. 3d 1289 Florida District Court of Appeal, First District (2018)

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Holding

A prisoner who has filed numerous repetitive and meritless appeals may be prohibited from filing pro se filings in the appellate court and subjected to disciplinary procedures.


Headnotes

[1] A court may prohibit a pro se litigant from filing further filings without representation by a member of the bar when the litigant has instituted numerous repetitive and…

[2] A frivolous appeal brought by a state prisoner may be referred to the Department of Corrections for disciplinary procedures pursuant to Florida statute and department rul…

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Facts & Procedural History

Derek B. Betts, a state prisoner, filed multiple repetitive and meritless pro se proceedings in the First District Court of Appeal challenging his con…

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Opinion of the Court
M.K. Thomas

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-3239 _____________________________

DEREK B. BETTS,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Duval County. Steven B. Whittington, Judge.

January 22, 2018

PER CURIAM.

This Court issued an order on October 12, 2017, 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 91-CF-5199. 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.

2

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. LEWIS, KELSEY, 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. _____________________________

Derek B. Betts, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.


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