STEPHEN HERNANDEZ
v.
STATE OF FLORIDA AND DEPARTMENT OF CORRECTIONS

Fla. 5th DCA | 2020-02-21
No. 19-3243
Orfinger, J., Edwards, J., Sasso, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A petitioner whose habeas corpus petition has been denied may be sanctioned for abusive, repetitive, malicious, or frivolous pro se filings by barring future pro se filings and referral to prison officials for disciplinary proceedings.


Headnotes

[1] A court may warn a pro se litigant that continued filing of abusive, repetitive, malicious, or frivolous petitions may result in sanctions including a bar on pro se filin…

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Facts & Procedural History

Stephen Hernandez, an inmate, filed a petition for writ of habeas corpus stemming from Seminole County Circuit Court Case No. 1992-CF-1831-B. The cour…

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Opinion of the Court
Sasso

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

STEPHEN HERNANDEZ,

Petitioner,

v. Case No. 5D19-3243

STATE OF FLORIDA AND

DEPARTMENT OF CORRECTIONS,

Respondents.

________________________________/

Opinion filed February 21, 2020

Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction.

Stephen Hernandez, Bushnell, Pro se.

No Appearance for Respondents.

PER CURIAM.

This Court earlier denied Petitioner’s petition for writ of Habeas Corpus stemming from Seminole County Circuit Court Case No. 1992-CF-1831-B. 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 Seminole County Circuit Court Case No. 1992-CF-1831-B may result in sanctions such as a bar on pro se filing in this Court and referral to prison officials for disciplinary proceedings, which

2 may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2019); State v. Spencer, 751 So. 2d 47 (Fla. 1999).

ORFINGER, EDWARDS and SASSO, JJ., concur.


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