Magwood v. Florida Department of Corrections
This text of 175 So. 3d 311 (Magwood v. Florida Department of Corrections) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In this civil prisoner appeal, the circuit court declined to grant appellant’s motion for leave to proceed as an indigent pursuant to section 57.085(7), Florida Statutes. The circuit court was within its discretion to deny appellant’s request to proceed as an indigent. See Maddrie v. Colton, 998 So.2d 668, 670 (Fla. 4th DCA 2009) (“Section 57.085 is intended to discourage frivolous lawsuits by inmates who abuse the civil indigency statutes.”). ■ Because appellant has failed to timely pay the filing fee, this appeal is hereby dismissed.
Appellant is warned that any future proceedings determined by this court to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se proceedings and a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes. See Fla. R. App. P. 9.410.
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Cite This Page — Counsel Stack
175 So. 3d 311, 2015 Fla. App. LEXIS 11424, 2015 WL 4554920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/magwood-v-florida-department-of-corrections-fladistctapp-2015.