Opinion
Case No. SC09-579.
June 11, 2009.
Lower Tribunal No(s). 1D08-6217.
To the extent that petitioner seeks an order compelling reinstatement of his petition in case number 1D08-6217, the petition for writ of mandamus is denied. See State ex rel. Ostroff v. Pearson, 61 So. 2d 325 (Fla. 1952) (a writ of mandamus will not be issued where to do so would prove unavailing or compliance with it would be nugatory or without beneficial results to the petitioner); Campbell v. State ex rel. Garret, 183 So. 340 (Fla. 1938); see also State ex rel. Bergin v. Dunne, 71 So. 2d 746 (Fla. 1954).
To the extent that petitioner seeks a writ of habeas corpus, the petition is hereby dismissed because this Court generally will not consider the repetitive petitions of persons who have abused the judicial processes of the lower courts such that they have been barred from filing certain actions there. See Pettway v. State, 776 So. 2d 930 (Fla. 2000).
LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.