Eugene B. Smith v. State of Florida, Florida Secretary of Corrections

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

EUGENE SMITH, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Petitioner, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D16-0193

STATE OF FLORIDA, FLORIDA SECRETARY OF CORRECTIONS,

Respondent.

___________________________/ Opinion filed March 4, 2016. Petition for Writ of Mandamus – Original Jurisdiction. Eugene Smith, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kenneth S. Steely, General Counsel, Florida Department of Corrections, Tallahassee, for Respondent.

PER CURIAM.

The petition for writ of mandamus is denied on the merits.

Petitioner is warned that any future pleadings determined by this court to be frivolous or successive may result in the imposition of sanctions against him, including a prohibition against any future pro se appeals or petitions challenging the judgment

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and sentence in Okaloosa County Circuit court case number 2008-CF-0705 and a referral to the Florida Department of Corrections for disciplinary procedures pursuant to the rules of the Department as provided in section 944.279, Florida Statutes (2015). See Fla. R. App. P. 9.410. ROBERTS, C. J., MAKAR and OSTERHAUS, JJ., CONCUR.