Opinion
SC2023-1130
11-16-2023
Kengi N. Merritt, Petitioner(s) v. Ricky D. Dixon, etc., Respondent(s)
Lower Tribunal No(s).: 502010CF008673AXXXMB
The Court having retained jurisdiction to pursue possible sanctions and having directed the petitioner to show cause why the petition for writ of habeas corpus filed in this case should not be found frivolous pursuant to section 944.279, Florida Statutes, and having reviewed the response filed pursuant to this Court's order dated October 16, 2023, which dismissed said case, we find that the petition is a frivolous proceeding brought before this Court by a state prisoner.
IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to section 944.279, Florida Statutes (2023), the clerk of court is hereby directed to forward a certified copy of this order; the Court's October 16, 2023, order dismissing the petition as unauthorized pursuant to Baker v. State, 878 So.2d 1236 (Fla. 2004); and the petition to the Florida Department of Corrections' institution or facility where the petitioner, Kengi N. Merritt, is incarcerated for the initiation of disciplinary proceedings in accordance with the department's rules for filing a frivolous pleading in this Court.
No motion for rehearing will be entertained by the Court.
LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.