Whisby v. State

Full title: Kelly Whisby, Petitioner, v. State of Florida, Respondent.

Court: Florida Court of Appeals, First District

Date published: Oct 26, 2022

No. 1D22-2797 (Fla. Dist. Ct. App. Oct. 26, 2022)

Opinion

1D22-2797

10-26-2022

Kelly Whisby, Petitioner, v. State of Florida, Respondent.

Kelly Whisby, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

Per Curiam

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Petition for Writ of Habeas Corpus-Original Jurisdiction.

Kelly Whisby, pro se, Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.

Per Curiam

Dismissed. See Baker v. State, 878 So.2d 1236 (Fla. 2004); White v. Dugger, 511 So.2d 554 (Fla. 1987). 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 (2022) (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).

Osterhaus, Bilbrey, and Nordby, JJ., concur.