LUIS BATIZ
v.
STATE OF FLORIDA
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A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking a judgment and sentence may be prohibited from future pro se filings in that case to conserve judicial resources.
[1] A court may prohibit a pro se litigant from filing further petitions concerning a particular case when the litigant engages in a pattern of abusive, repetitive, malicious…
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Join FLexlaw to unlock all legal intelligence“Enough is enough.”
The court cited this phrase from Isley v. State when imposing the prohibition on future pro se filings.
Luis Batiz filed multiple pro se petitions attacking his judgment and sentence in Orange County Circuit Court Case No. 2005-CF-3330-A-O. The court iss…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
LUIS BATIZ,
Appellant,
v. Case No. 5D21-2809 LT Case No. 2005-CF-3330-A-O
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed December 30, 2021
Petition Alleging Ineffectiveness of Appellate Counsel, A Case of Original Jurisdiction.
Luis Batiz, Cross City, pro se.
No Appearance for Appellee.
PER CURIAM.
Due to Appellant’s apparent abuse of the legal process by his abusive, repetitive, malicious, or frivolous pro se filings attacking his judgment and sentence in Orange County Circuit Court Case Number 2005-CF-3330-A-O, this Court issued an order directing Appellant to show cause why he should
2 not be prohibited from future pro se filings. See State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999). Having carefully considered the response and finding it fails to show cause why sanctions should not be imposed, we conclude that Appellant is abusing the judicial process and should be barred from further pro se filings. In order to conserve judicial resources, Appellant is prohibited from filing with this Court any further pro se filings concerning Orange County Circuit Court Case No. 2005-CF-3330-A-O. The Clerk of this Court is directed not to accept any further pro se filings concerning the referenced case. The Clerk will summarily reject any future filings regarding the referenced case unless filed by a member in good standing of The Florida Bar. See Isley v. State, 652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See § 944.279(1), Fla. Stat. (2019); Simpkins v. State, 909 So. 2d 427, 428 (Fla. 5th DCA 2005).
PETITIONER PROHIBITED FROM FURTHER PRO SE FILINGS.
COHEN, EDWARDS, and HARRIS, JJ., concur.