Third District Court of Appeal
State of Florida
Opinion filed October 13, 2016.
Not final until disposition of timely filed motion for rehearing.
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No. 3D16-2119
Lower Tribunal No. 92-20576A
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Jose Cruz,
Petitioner,
vs.
The State of Florida,
Respondent.
A case of original jurisdiction – Petition for Review.
Jose Cruz, in proper person.
Pamela Jo Bondi, Attorney General, for respondent.
Before WELLS, SHEPHERD and SALTER, JJ.
SHEPHERD, J.
Having been prohibited from further pro se filings in the trial court
challenging his sentence in lower court Case No. 92-20576A after numerous
attempts, Jose Cruz petitions this Court directly for review of the sentence in this
case. We deny the petition without further discussion.
ORDER TO SHOW CAUSE
Petitioner has unsuccessfully sought appellate review of the legality of his
current sentence on many occasions, notwithstanding the fact that the same claims
for relief previously have been raised, determined on the merits, and affirmed on
appeal. While pro se parties must be afforded a genuine and adequate opportunity
to exercise their constitutional right of access to the courts, that right is not
unrestricted and may be curtailed upon a finding that the party has abused the
{ "pageset": "Sfc7
judicial process by the continued filing of successive or meritless
collateral claims. Accordingly, at this time, petitioner is ordered to show cause,
within thirty (30) days of this order, why he should not be prohibited from filing
any further pro se appeals, pleadings, motions, or petitions relating to his
conviction, judgment, and sentence in Case No. 92-20576A. Absent a showing of
good cause, we intend to direct the Clerk of the Third District Court of Appeal to
refuse to accept any further filings relating to Case No. 92-20576A, unless they
have been reviewed and signed by an attorney who is a licensed member of the
Florida Bar in good standing.
So ordered.
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