Donald A. Williams v. Mark S. Inch, etc. ( 2019 )

Supreme Court of Florida
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No. SC19-287
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DONALD A. WILLIAMS,
Petitioner,
vs.
MARK S. INCH, etc.,
Respondent.
August 29, 2019
PER CURIAM.
This case is before the Court on the petition of Donald A. Williams for a
writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(9), Fla. Const. On
May 10, 2019, we denied the instant petition, expressly retained jurisdiction, and
ordered Williams to show cause why he should not be barred from filing further
pro se pleadings in this Court related to circuit court case number
131989CF0067160001XX. Williams v. Inch, No. SC19-287, 2019 WL 2063597
(Fla. May 10, 2019); see Fla. R. App. P. 9.410(a) (Sanctions; Court’s Motion). We
now find that Williams has failed to show cause why he should not be barred, and
we sanction him as set forth below.
Williams pled guilty to one count of second-degree murder in Eleventh
Judicial Circuit (Miami-Dade County) case number 131989CF0067160001XX; he
was sentenced to sixteen years’ imprisonment.1 Since 2013, Williams has
demonstrated a pattern of vexatious filing of meritless pro se requests for relief in
this Court related to case number 131989CF0067160001XX. Including the
petition in the instant case, Williams has filed eleven pro se petitions with this
Court.2 The Court has disposed of ten of these filings to date, not including the
petition in this case. The Court has never granted Williams the relief sought in any
of his filings here. Each of the ten petitions and notices was denied, dismissed, or
transferred to another court for consideration; his petition in this case is no
exception.
Williams filed the instant petition for writ of habeas corpus on February 15,
2019. The Court denied the petition on May 10, 2019. In doing so, we expressly
retained jurisdiction to pursue possible sanctions against Williams. On the same
day, we ordered Williams to show cause why the Clerk of this Court should not be
directed to reject any future pleadings, petitions, motions, letters, documents, or
1. Petitioner has completed his sixteen-year sentence on the second-degree
murder charge; however, he is currently serving a life sentence for numerous
convictions from 2002, also in the Eleventh Judicial Circuit.
2. See Williams v. Inch, No. SC19-287, 2019 WL 2063597 (Fla. May 10,
2019).
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other filings submitted to this Court by him related to case number
131989CF0067160001XX. The Court also directed Williams to show cause why,
pursuant to section 944.279(1), Florida Statutes (2018), a certified copy of the
Court’s findings should not be forwarded to the appropriate institution for
disciplinary procedures pursuant to the rules of the Florida Department of
Corrections. Williams filed a response to the Court’s order. In it, Williams asserts
that he is unsophisticated in the practice of law and, therefore, “cannot be held
accountable for allowing a law clerk to file his motion with this Court when that’s
[his] only resolution or option to be heard.” Williams’ filing does not contain any
justification for his continued abuse of the Court’s limited resources by filing
numerous meritless pro se notices and petitions.
Upon consideration of Williams’ response, we find that his arguments are
without merit and that he has failed to show cause why sanctions should not be
imposed. Therefore, based on Williams’ extensive history of filing 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
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legitimate filings”). If no action is taken, Williams will continue to burden the
Court’s resources. We further conclude that Williams’ habeas petition filed in this
case is a frivolous proceeding brought before the Court by a state prisoner. See §
944.279(1), Fla. Stat. (2018).
Accordingly, we direct the Clerk of this Court to reject any future pleadings
or other requests for relief submitted by Donald A. Williams that are related to case
number 131989CF0067160001XX, unless such filings are signed by a member in
good standing of The Florida Bar. Furthermore, because we have found Williams’
petition to be frivolous, we direct the Clerk of this Court, pursuant to section
944.279(1), Florida Statutes (2018), to forward a copy of this opinion to the
Florida Department of Corrections’ institution or facility in which Williams is
incarcerated.
No motion for rehearing or clarification will be entertained by this Court.
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, LAGOA, LUCK, and
MUÑIZ, JJ., concur.
Original Proceeding – Habeas Corpus
Donald A. Williams, pro se, Monticello, Florida,
for Petitioner
No appearance for Respondent
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