BROOKS v. STATE (2020)

District Court of Appeal of Florida, First District.

Herbert BROOKS, Petitioner, v. STATE of Florida, Respondent.

No. 1D20-433

Decided: July 06, 2020

Herbert Brooks, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

The petition for writ of habeas corpus is dismissed as unauthorized and successive. See Baker v. State, 878 So. 2d 1236 (Fla. 2004) (holding that habeas corpus is not a means to litigate issues that could have been or were raised in a direct appeal or postconviction motion); Johnson v. Singletary, 647 So. 2d 106, 109 (Fla. 1994) (holding that “[s]uccessive habeas corpus petitions seeking the same relief are not permitted”).

Petitioner is warned that any future filings that this Court determines to be frivolous or malicious 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 (2019) (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”).

Per Curiam.

Rowe, Makar, and Tanenbaum, JJ., concur.

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