CURTIS V. EMANUEL
v.
STATE OF FLORIDA

Fla. 1st DCA | 2021-09-22
No. 21-1349
Ellis
Florida District Court of Appeal, First District (2021)

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Holding

The habeas corpus petition was dismissed because it was facially insufficient on its face.


Headnotes

[1] A prisoner filing pro se who submits a habeas corpus petition that is facially insufficient may be subject to sanctions, including prohibition from further pro se filings…

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Facts & Procedural History

Curtis V. Emanuel, proceeding pro se, filed a petition for writ of habeas corpus against the State of Florida.…

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Opinion of the Court

September 22, 2021 PER CURIAM.

The petition for writ of habeas corpus is dismissed as facially insufficient. Petitioner is warned that any future filings that this court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this court and a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2019) (providing that “[a] prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal” is subject to disciplinary procedures pursuant to the rules of the Department of Corrections). LEWIS, MAKAR, and BILBREY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Curtis V. Emanuel, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.


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