09-0535 LOUIS ROBENSON v. WALTER A. MCNEIL, Secretary, Florida Department of Corrections

State: Florida

Court: Florida First District Court

Docket No: 09-0535

Case Date: 06/04/2010

Preview:LOUIS ROBENSON , Appellant, v. WALTER A. MCNEIL, Secretary, FLORIDA DEPARTMENT OF CORRECTIONS, Appellee. _____________________________/ Opinion filed June 4, 2010.

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CASE NO. 1D09-0535

An appeal from the Circuit Court for Union County. Frederick D. Smith, Judge. Louis Robenson, pro se, Appellant. Bill McCollum, Attorney General, Office of the Attorney General, and Carolyn Mosley, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee. PER CURIAM. Appellant, Louis Robenson, challenges the dismissal of his petition for writ of habeas corpus by the circuit court in the county in which he is detained. This is the sixteenth appellate action initiated by Appellant in this court, and was followed immediately by two more pro se appeals. In light of Appellant's active litigation record in this and other courts of this state, this court ordered him to show cause

why the trial court's order court should not be summarily affirmed, under Florida Rule of Appellate Procedure 9.315; why Appellant should not be sanctioned pursuant to Florida Rule of Appellate Procedure 9.410 for filing a frivolous appeal; and why such sanctions should not include a direction to the Clerk of this Court to reject any future pro se filings from Appellant. Appellant responded by informing this court that such disposition of this appeal would give him no choice but to "take the Laws into his own hands." Appellant failed to show cause why this court should not summarily affirm the order on appeal pursuant to rule 9.315. The trial court correctly dismissed the petition for writ of habeas corpus because the relief sought was not immediate release from unlawful detention, but immediate deportation to Haiti. The writ of habeas corpus is available only if the petitioner shows probable cause to believe that he or she is detained without lawful authority.

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