BOWDEN v. INCH (2020)

District Court of Appeal of Florida, First District.

Elijah BOWDEN, Appellant, v. Mark S. INCH, Secretary, Florida Department of Corrections, Appellee.

No. 1D19-781

Decided: July 13, 2020

Elijah Bowden, pro se, Appellant. Ashley Moody, Attorney General, and Leslie A. Healer, Assistant Attorney General, Tallahassee, for Appellee.

The trial court dismissed Elijah Bowden's petition for writ of mandamus as frivolous. Here, Bowden has filed a petition for writ of certiorari to challenge the trial court's order. We treat Bowden's petition for writ of certiorari as an appeal, see Green v. Moore, 777 So. 2d 425 (Fla. 1st DCA 2000), and affirm.

Bowden 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 (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”).

Affirmed.

Per Curiam.

Bilbrey, Winokur, and Tanenbaum, JJ., concur.

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