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Leon J. Nicely, Jr. v. State of Florida, 17-4044 (2018)

Court: District Court of Appeal of Florida Number: 17-4044 Visitors: 8
Filed: Jul. 09, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-4044 _ LEON J. NICELY, JR., Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Duval County. Mark Borello, Judge. July 9, 2018 PER CURIAM. This court issued an order on May 2, 2018, directing Appellant to show cause why sanctions should not be imposed against him in light of his having instituted numerous repetitive, meritless proceedings in this court. See State v. Spencer, 751 So. 2d 47 (Fla. 1999). We hav
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          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                 _____________________________

                         No. 1D17-4044
                 _____________________________

LEON J. NICELY, JR.,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Duval County.
Mark Borello, Judge.

                           July 9, 2018


PER CURIAM.

    This court issued an order on May 2, 2018, directing
Appellant to show cause why sanctions should not be imposed
against him in light of his having instituted numerous repetitive,
meritless proceedings in this court. See State v. Spencer, 
751 So. 2d
47 (Fla. 1999). We have reviewed Appellant’s response and
determined it does not provide a legal basis to justify withholding
imposition of sanctions.

     Appellant is hereby prohibited from filing any pro se filings
in this court challenging his conviction and sentence imposed in
Duval County case number 16-1996-CF-8172. The Clerk of this
court is directed to not accept any filings in this case unless they
are signed by a member in good standing of the Florida Bar.
Additionally, we find this appeal is a frivolous proceeding
brought before this court by a state prisoner. See § 944.279(1),
Fla. Stat. (2017). We direct the clerk to forward a certified copy of
this opinion to the appropriate institution or facility within the
Florida Department of Corrections for disciplinary procedures
pursuant to department rules.

OSTERHAUS, WINOKUR, and M.K. THOMAS, JJ., concur.

                  _____________________________

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


Leon J. Nicely, Jr., pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.




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Source:  CourtListener

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