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Richardson v. Cervone ex rel. D.O.C.

Citations: 147 So. 3d 22; 2013 Fla. App. LEXIS 10487; 2013 WL 3305809Docket: No. 1D12-5516

Court: District Court of Appeal of Florida; July 1, 2013; Florida; State Appellate Court

Narrative Opinion Summary

Petitioner Shernerd Richardson is prohibited from filing any future pro se petitions regarding the judgments and sentences from Levy County Circuit Court case number 38-2005-CF-00252 due to a previous ruling on February 8, 2013. On March 5, 2013, Richardson filed an amended petition for writ of habeas corpus, which violated the prior court opinion. He was ordered to show cause for this violation but chose not to respond. Consequently, the court enforces a ban on all future pro se filings by Richardson, directing the court clerk to reject any submissions unless they are filed by a licensed attorney in good standing with The Florida Bar. Additionally, a certified copy of this ruling will be sent to the Florida Department of Corrections for potential disciplinary action as outlined in section 944.279, Florida Statutes (2013). The court will not consider any further motions or pleadings in this case. Judges Padovano, Marstiller, and Swanson concurred with this order.

Legal Issues Addressed

Closure of Judicial Consideration

Application: The court declares it will not consider any further motions or pleadings in the case involving Richardson.

Reasoning: The court will not consider any further motions or pleadings in this case.

Disciplinary Action Notification

Application: A certified copy of the ruling is to be sent to the Florida Department of Corrections for potential disciplinary action against Richardson.

Reasoning: Additionally, a certified copy of this ruling will be sent to the Florida Department of Corrections for potential disciplinary action as outlined in section 944.279, Florida Statutes (2013).

Mandatory Representation by Licensed Attorney

Application: The court mandates that any future submissions by Richardson must be filed by a licensed attorney in good standing with The Florida Bar.

Reasoning: The court enforces a ban on all future pro se filings by Richardson, directing the court clerk to reject any submissions unless they are filed by a licensed attorney in good standing with The Florida Bar.

Prohibition on Future Pro Se Filings

Application: The court prohibits Shernerd Richardson from filing any future pro se petitions regarding specific judgments and sentences due to a prior court ruling.

Reasoning: Petitioner Shernerd Richardson is prohibited from filing any future pro se petitions regarding the judgments and sentences from Levy County Circuit Court case number 38-2005-CF-00252 due to a previous ruling on February 8, 2013.

Violation of Court Order

Application: Richardson's filing of an amended petition for writ of habeas corpus was in violation of a prior court opinion, leading to further sanctions.

Reasoning: On March 5, 2013, Richardson filed an amended petition for writ of habeas corpus, which violated the prior court opinion.