Kelly Whisby vs State of Florida

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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D22-2797 _____________________________ KELLY WHISBY, Petitioner, v. STATE OF FLORIDA, Respondent. _____________________________ Petition for Writ of Habeas Corpus—Original Jurisdiction. October 26, 2022 PER CURIAM. DISMISSED. See Baker v. State, 878 So. 2d 1236 (Fla. 2004); White v. Dugger, 511 So. 2d 554 (Fla. 1987). Petitioner is warned that any future filings that this court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this court and a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2022) (providing that “[a] prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal” is subject to disciplinary procedures pursuant to the rules of the Department of Corrections). OSTERHAUS, BILBREY, and NORDBY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Kelly Whisby, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent. 2

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