CHEY WILLIAMS v. THE STATE OF FLORIDA
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Opinion
Third District Court of Appeal State of Florida
Opinion filed December 22, 2021. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-1958 Lower Tribunal No. F90-49006 ________________
Chey Williams, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Zachary James, Judge.
Chey Williams, in proper person.
Ashley Moody, Attorney General, for appellee.
Before FERNANDEZ, C.J., and EMAS, and BOKOR, JJ.
PER CURIAM.
ON ORDER TO SHOW CAUSE On November 2, 2021, the Court ordered Chey Williams to show cause
why his appeal of a trial court disposition refusing to accept his motion
because he was previously barred from filing pro se motions should not be
dismissed as untimely. In that order we also ordered Williams to show cause
why he should not be precluded from filing further pro se pleadings, motions
and papers in this court relating to lower tribunal case number F90-49006.
When Williams failed to respond to our order within 10 days, we dismissed
his appeal. On December 3, 2021, Williams filed his response to our order.
The response was placed in the hands of prison officials for mailing on
November 19, 2021. The order that Williams seeks to appeal is nothing
more than a letter from the clerk of the lower court advising Williams that he
was prohibited from filing pro se pleadings on August 11, 2009. Williams
was also advised, by court order entered on January 6, 2015, that he had
been previously barred from filing pro se motions and the motion that he had
recently filed was stricken. The document that Williams seeks to appeal is
not an appealable order; therefore, the appeal remains dismissed as
previously ordered by this court. The trial court bar order was appealed in
case number 3D09-2370, and the order was affirmed by this court.
2 Upon consideration of Williams’ response to the order to show cause
and the successive, duplicative, pro se petitions and appeals brought by
Williams, we conclude that good cause has not been shown. Williams has
engaged in the filing of meritless, frivolous, and successive claims,
continuing to seek relief from this Court notwithstanding prior adverse
determinations on the merits.1
In accordance with State v. Spencer, 751 So. 2d 47 (Fla. 1999), and
Concepcion v. State, 944 So. 2d 1069 (Fla. 3d DCA 2006), Williams is
prohibited from filing any further pro se appeals, pleadings, motions, or
petitions relating to his conviction, judgment, and sentence in lower tribunal
case F90-49006. We direct the Clerk of the Third District Court of Appeal to
refuse to accept any such papers relating to the relevant circuit court case
number unless they have been reviewed and signed by an attorney who is
a duly licensed member of The Florida Bar in good standing. See Whipple
v. State, 112 So. 3d 540 (Fla. 3d DCA 2013). Additionally, any such further
and unauthorized pro se filings by Williams may subject him to appropriate
sanctions, including the issuance of written findings forwarded to the
1 Williams’ prior appeals and petitions include 3D91-1980, 93-2542, 94- 1126, 94-1989, 95-787, 95-3458, 00-2534, 03-934, 05-1213, 08-150, 09- 2370, and 16-1896.
3 Department of Corrections for its consideration of disciplinary action,
including the forfeiture of gain time. See § 944.279(1), Fla. Stat. (2017).
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