Opinion
Case No. SC05-752.
August 31, 2005.
To the extent that petitioner seeks habeas relief the petition is hereby denied as procedurally barred. A petition for extraordinary relief is not a second appeal and cannot be used to litigate or relitigate issues which were or could have been raised on direct appeal or in prior postconviction proceedings.See Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992);Mills v. Dugger, 574 So. 2d 63, 65 (Fla. 1990). To the extent that petitioner seeks relief from the lower court's order prohibiting him from filing further pro se petitions, deny citing to Pettway v. State, 776 So. 2d 930 (Fla. 2000) (declaring that this Court will generally not hear petitions just because a petitioner has been barred from filing pro se in lower courts).
WELLS, ANSTEAD, LEWIS, CANTERO and BELL, JJ., concur.