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Michael Elmer v. State of Florida, 18-0950 (2018)

Court: District Court of Appeal of Florida Number: 18-0950 Visitors: 10
Filed: Oct. 03, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-950 _ MICHAEL ELMER, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Leon County. Angela C. Dempsey, Judge. October 3, 2018 PER CURIAM. This court issued an order on August 10, 2018, directing Appellant to show cause why sanctions should not be imposed against him in view of his having instituted numerous repetitive, meritless proceedings in this court. See State v. Spencer, 751 So. 2d 47 (Fla. 1999). We
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          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                  _____________________________

                          No. 1D18-950
                  _____________________________

MICHAEL ELMER,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                  _____________________________


On appeal from the Circuit Court for Leon County.
Angela C. Dempsey, Judge.

                          October 3, 2018

PER CURIAM.

    This court issued an order on August 10, 2018, directing
Appellant to show cause why sanctions should not be imposed
against him in view 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
Leon County case number 1995-CF-3305. 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.

B.L. THOMAS, C.J., and OSTERHAUS and BILBREY, JJ., concur.

                  _____________________________

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


Michael Elmer, pro se, Appellant.

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




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Source:  CourtListener

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