DONALD A. WILLIAMS, Petitioner,
MARK S. INCH, etc., Respondent.
Original Proceeding - Habeas Corpus
A. Williams, pro se, Monticello, Florida, for Petitioner
appearance for Respondent
case is before the Court on the petition of Donald A.
Williams for a writ of habeas corpus. We have jurisdiction.
See art. V, § 3(b)(9), Fla. Const. On May 10,
2019, we denied the instant petition, expressly retained
jurisdiction, and ordered Williams to show cause why he
should not be barred from filing further pro se pleadings in
this Court related to circuit court case number
131989CF0067160001XX. Williams v. Inch, No.
SC19-287, 2019 WL 2063597 (Fla. May 10, 2019); see
Fla. R. App. P. 9.410(a) (Sanctions; Court's Motion). We
now find that Williams has failed to show cause why he should
not be barred, and we sanction him as set forth below.
pled guilty to one count of second-degree murder in Eleventh
Judicial Circuit (Miami-Dade County) case number
131989CF0067160001XX; he was sentenced to sixteen years'
imprisonment. Since 2013, Williams has demonstrated a
pattern of vexatious filing of meritless pro se requests for
relief in this Court related to case number
131989CF0067160001XX. Including the petition in the instant
case, Williams has filed eleven pro se petitions with this
Court. The Court has disposed of ten of these
filings to date, not including the petition in this case. The
Court has never granted Williams the relief sought in any of
his filings here. Each of the ten petitions and notices was
denied, dismissed, or transferred to another court for
consideration; his petition in this case is no exception.
filed the instant petition for writ of habeas corpus on
February 15, 2019. The Court denied the petition on May 10,
2019. In doing so, we expressly retained jurisdiction to
pursue possible sanctions against Williams. On the same day,
we ordered Williams to show cause why the Clerk of this Court
should not be directed to reject any future pleadings,
petitions, motions, letters, documents, or other filings
submitted to this Court by him related to case number
131989CF0067160001XX. The Court also directed Williams to
show cause why, pursuant to section 944.279(1), Florida
Statutes (2018), a certified copy of the Court's findings
should not be forwarded to the appropriate institution for
disciplinary procedures pursuant to the rules of the Florida
Department of Corrections. Williams filed a response to the
Court's order. In it, Williams asserts that he is
unsophisticated in the practice of law and, therefore,
"cannot be held accountable for allowing a law clerk to
file his motion with this Court when that's [his] only
resolution or option to be heard." Williams' filing
does not contain any justification for his continued abuse of
the Court's limited resources by filing numerous
meritless pro se notices and petitions.
consideration of Williams' response, we find that his
arguments are without merit and that he has failed to show
cause why sanctions should not be imposed. Therefore, based
on Williams' extensive history of filing pro se petitions
and requests for relief that were meritless or otherwise
inappropriate for this Court's review, we now find that
he has abused the Court's limited judicial resources.
See Pettway v. McNeil, 987 So.2d 20, 22 (Fla. 2008)
(explaining that this Court has previously "exercised
the inherent judicial authority to sanction an abusive
litigant" and that "[o]ne justification for such a
sanction lies in the protection of the rights of others to
have the Court conduct timely reviews of their legitimate
filings"). If no action is taken, Williams will continue
to burden the Court's resources. We further conclude that
Williams' habeas petition filed in this case is a
frivolous proceeding brought before the Court by a state
prisoner. See § 944.279(1), Fla. Stat. (2018).
we direct the Clerk of this Court to reject any future
pleadings or other requests for relief submitted by Donald A.
Williams that are related to case number
131989CF0067160001XX, unless such filings are signed by a
member in good standing of The Florida Bar. Furthermore,
because we have found Williams' petition to be frivolous,
we direct the Clerk of this Court, pursuant to section
944.279(1), Florida Statutes (2018), to forward a copy of
this opinion to the Florida Department of Corrections'
institution or facility in which Williams is incarcerated.
motion for rehearing or clarification will be entertained by
CANADY, CJ, and POLSTON, LABARGA, LAWSON, LAGOA, LUCK, and
MUÑIZ, JJ, concur