MIRATEL CAPITAINE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2021-02-19
No. 20-2698
Lambert, J., Edwards, J., Eisnaugle, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A petitioner whose habeas corpus petition has been denied may be sanctioned for filing further abusive, repetitive, malicious, or frivolous filings asserting claims stemming from the same underlying case.


Headnotes

[1] A court may warn a pro se litigant that further abusive, repetitive, malicious, or frivolous filings asserting claims stemming from the same underlying case may result in…

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Facts & Procedural History

Miratel Capitaine, proceeding pro se, filed a petition for writ of habeas corpus stemming from Brevard County Circuit Court Case Number 2017-CF-10078-…

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Opinion of the Court
Eisnaugle

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

MIRATEL CAPITAINE,

Petitioner,

v. Case No. 5D20-2698

STATE OF FLORIDA,

Respondent.

________________________________/

Opinion filed February 19, 2021

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

Miratel Capitaine, Orlando, pro se.

No Appearance for Respondent.

PER CURIAM.

This Court earlier denied Petitioner’s petition for writ of habeas corpus stemming from Brevard County Circuit Court Case Number 2017-CF-10078-A. Because it appears that Petitioner’s filings are abusive, repetitive, malicious, or frivolous, Petitioner is cautioned that any further similarly inappropriate pro se filings in this Court asserting claims stemming from Brevard County Circuit Court Case No. 2017-CF-10078-A may result in sanctions such as a bar on pro se filing in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2020); State v. Spencer, 751 So. 2d 47 (Fla. 1999).

LAMBERT, EDWARDS, and EISNAUGLE, JJ., concur.


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