THOMAS v. STATE (2020)

Following review of the pro se Petition for Writ of Habeas Corpus, it is ordered that said Petition is hereby denied. We issue the following written findings for consideration by the Florida Department of Corrections for disciplinary action.

On May 27, 2015, this Court issued an opinion denying Henry Abner Thomas's appeal from an order of the trial court finding him in contempt due to his numerous filings in circuit court on the same issue, which had been reviewed and disposed of by this Court adversely to Thomas. Thomas v. State, 175 So. 3d 306, 307 (Fla. 3d DCA 2015). This Court issued an Order to Show Cause as to why Thomas should not be prohibited from filing with this Court any further pro se appeals, petitions, motions, or other pleadings related to his criminal sentencing in case number 03-5870. Thomas's response to the show cause order failed to demonstrate good cause to justify further filings of appeals, petitions, motions, and other pleadings with this Court.

On July 22, 2015, this Court issued an Order prohibiting Thomas from further pro se filings related to case number 03-5870 and declaring that any further and unauthorized pro se filings by Thomas would subject him to sanctions, including the issuance of written findings forwarded to the Florida Department of Corrections for consideration by it for disciplinary action, pursuant to section 944.279(1), Florida Statutes.

On September 4, 2020, Thomas filed an unauthorized, pro se Petition for Writ of Habeas Corpus raising, for the seventh time, identical issues for relief which have been considered and found meritless by this Court on multiple occasions. See Thomas v. State, 134 So. 3d 468 (Fla. 3d DCA 2014) (Table); Thomas v. State, 140 So. 3d 594 (Fla. 3d DCA 2013) (Table); Thomas v. State, 119 So. 3d 1262 (Fla. 3d DCA 2013) (Table); Thomas v. State, 121 So. 3d 560 (Fla. 3d DCA 2013) (Table); Thomas v. State, 86 So. 3d 1133 (Fla. 3d DCA 2012) (Table); Thomas v. State, 43 So. 3d 60 (Fla. 3d DCA 2010) (Table); Thomas v. State, 993 So. 2d 532 (Fla. 3d DCA 2008) (Table); Thomas v. McRay, 928 So. 2d 353 (Fla. 3d DCA 2006) (Table).

We conclude that Thomas's continued meritless filings constitute an abuse of postconviction relief procedures and warrant sanctions pursuant to the rules of the Department. § 944.279(1), Fla. Stat.

FERNANDEZ, LINDSEY and GORDO, JJ., concur.