Reginald Scott Walter v. Dept. of Corrections Secretary

• Court: Supreme Court of Florida
• Decided: May 30, 2024
• Docket: SC2023-1640
• Status: Published

Opinion

Supreme Court of Florida ____________

No. SC2023-1640 ____________

REGINALD SCOTT WALTER, Petitioner,

vs.

DEPT. OF CORRECTIONS SECRETARY, Respondent.

May 30, 2024

PER CURIAM.

Reginald Scott Walter, an inmate in state custody, filed a

pro se petition for writ of habeas corpus with this Court. 1 We

denied the petition, expressly retained jurisdiction, and directed

Walter to show cause why sanctions should not be imposed against

him for his abuse of the Court’s limited resources. See Walter v.

Dept. of Corr. Sec’y, 2024 WL 1132748 (Fla. Mar. 14, 2024); Fla. R.

App. P. 9.410(a) (Sanctions; Court’s Motion). Having considered his

response to the show cause order, we find that Walter has failed to

1. We have jurisdiction. See art. V, § 3(b)(9), Fla. Const. show cause why he should not be pro se barred, and we sanction

him as set forth below.

Walter was convicted in the Circuit Court of the Tenth Judicial

Circuit (Polk County) on two counts of attempted first-degree

murder and one count of armed burglary (case number

531999CF002889A0XXXX). He was sentenced in 2000 to thirty

years’ imprisonment on each count. The Second District Court of

Appeal per curiam affirmed the judgments and sentences in 2001.

Walter v. State, 783 So. 2d 1069 (Fla. 2d DCA 2001) (table).

Walter began filing petitions with this Court in 2014. To date,

Walter has filed eight petitions for writ of habeas corpus and two

petitions for writ of mandamus, all pertaining to his convictions and

sentences in case number 531999CF002889A0XXXX. We have

never granted Walter the relief sought in any of his filings. Rather,

we have denied, dismissed, or transferred each of his petitions.

Walter’s habeas petition in this case is no exception. In the

petition, Walter claimed that the evidence against him was

insufficient to support his convictions, which was identical to the

claims raised in his two previous habeas petitions. We therefore

denied the petition as successive and directed Walter to show cause

-2- why he should not be barred from filing any further pro se requests

for relief.

Walter filed a response in which he repeated much of the

argument found in his petition and asserted that he has a

constitutional right of access to courts and equal protection under

the law. He failed to acknowledge the frivolous nature of his

repeated filings and expressed no remorse for his repeated misuse

of this Court’s limited judicial resources. Upon consideration of

Walter’s response, we find that he has failed to show cause why

sanctions should not be imposed. Therefore, based on Walter’s

history of filing multiple pro se petitions and requests for relief that

were meritless or otherwise inappropriate for this Court’s review, we

now find that he has abused the Court’s limited judicial resources.

See Pettway v. McNeil, 987 So. 2d 20, 22 (Fla. 2008) (explaining

that this Court has previously “exercised the inherent judicial

authority to sanction an abusive litigant” and that “[o]ne

justification for such a sanction lies in the protection of the rights of

others to have the Court conduct timely reviews of their legitimate

filings”). It is apparent that if no action is taken, Walter will

continue to burden the Court’s resources. We further conclude that

-3- Walter’s habeas petition filed in this case is a frivolous proceeding

brought before the Court by a state prisoner. See § 944.279(1), Fla.

Stat. (2023).

Accordingly, we direct the Clerk of this Court to reject any

future pleadings or other requests for relief submitted by

Reginald Scott Walter that are related to case number

531999CF002889A0XXXX, unless such filings are signed by a

member in good standing of The Florida Bar. Furthermore, because

we find Walter’s petition to be frivolous, we direct the Clerk of this

Court, pursuant to section 944.279(1), Florida Statutes (2023), to

forward a copy of this opinion to the Florida Department of

Corrections’ institution or facility in which Walter is incarcerated.

No motion for rehearing or clarification will be entertained by

this Court.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.

Original Proceeding – Habeas Corpus

Reginald Scott Walter, pro se, Florida City, Florida,

for Petitioner

-4- No appearance for Respondent

-5-