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Nelson v. Tucker

Supreme Court of Florida.
Apr 26, 2012
90 So. 3d 272 (Fla. 2012)

Summary

denying the petition and ordering Nelson to show cause why he should not be prevented from filing further pro se pleadings and other papers pertaining to his criminal conviction and sentence in circuit court case number 98–14227, unless signed by a member in good standing of The Florida Bar

Summary of this case from Nelson v. Crews

Opinion

No. SC11–2482.

2012-04-26

James NELSON, Petitioner(s) v. Kenneth S. TUCKER, etc., Respondent(s).


Because petitioner has failed to show a clear legal right to the relief requested, he is not entitled to mandamus relief. Accordingly, the petition for writ of mandamus is hereby denied. See Huffman v. State, 813 So.2d 10, 11 (Fla.2000). The Court hereby retains jurisdiction to pursue any possible sanctions.

Petitioner's conviction and sentence under Case No. 98–14227–CF in the Circuit Court of the Fourth Judicial Ciruit, in and for Duval County, Florida, entered on May 22, 2001, has been the subject of numerous extraordinary writ petitions filed by petitioner over a nearly ten-year period. Petitioner has not obtained relief on the merits of any petition. See Nelson v. State, No. SC02–1083 (Fla. Jun. 25, 2002) (transferring petition for writ of habeas corpus); Nelson v. State, No. SC03–609 (Fla. Sept. 15, 2003) (same); Nelson v. Florida Dep't of Corr., No. SC05–1314 (Fla. Aug. 9, 2005) (same); Nelson v. McDonough, No. SC06–2097 (Fla. Dec. 12, 2006) (dismissed as facially insufficient); Nelson v. Florida Dep't of Corr., No. SC06–2246 (Fla. Jan. 24, 2007) (petition to invoke all writs jurisdiction dismissed for lack of jurisdiction); Nelson v. McNeil, No. SC08–1439 (Fla. Sept. 11, 2008) (dismissing petition for writ of habeas corpus as successive pursuant to Topps v. State, 865 So.2d 1253 (Fla.2004)); and Nelson v. State, No. SC09–1774 (Fla. Jan. 21, 2010) (dismissing petition for writ of mandamus pursuant to Topps v. State, 865 So.2d 1253 (Fla.2004)).

Because petitioner continues to abuse the legal processes of this Court with his constant meritless filings, the Court now directs petitioner, pursuant to rule 3.850(m), to show cause on or before May 11, 2012, why he should not be prevented from filing further pro se pleadings and other papers pertaining to his criminal conviction and sentence in Case No. 98–14227–CF unless signed by a member in good standing of The Florida Bar.


Summaries of

Nelson v. Tucker

Supreme Court of Florida.
Apr 26, 2012
90 So. 3d 272 (Fla. 2012)

denying the petition and ordering Nelson to show cause why he should not be prevented from filing further pro se pleadings and other papers pertaining to his criminal conviction and sentence in circuit court case number 98–14227, unless signed by a member in good standing of The Florida Bar

Summary of this case from Nelson v. Crews
Case details for

Nelson v. Tucker

Case Details

Full title:James NELSON, Petitioner(s) v. Kenneth S. TUCKER, etc., Respondent(s).

Court:Supreme Court of Florida.

Date published: Apr 26, 2012

Citations

90 So. 3d 272 (Fla. 2012)

Citing Cases

Nelson v. Crews

See id. (“In order to be entitled to a writ of mandamus the petitioner must have a clear legal right to the…