Bradley C. Perry v. Florida Department of Corrections

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D20-2187
_____________________________
BRADLEY C. PERRY,
Appellant,
v.
FLORIDA DEPARTMENT OF
CORRECTIONS,
Appellee.
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On appeal from the Circuit Court for Jefferson County.
Dawn Caloca-Johnson, Judge.
September 28, 2022
PER CURIAM.
AFFIRMED. See Zuluaga v. Dep’t of Corr., 32 So. 3d 674, 677
(Fla. 1st DCA 2010) (explaining that a trial court may dismiss,
rather than transfer, a habeas petition when the petitioner seeks
relief that “‘(1) would be untimely if considered as a motion for
postconviction relief under rule 3.850, (2) raise claims that could
have been raised at trial or, if properly preserved, on direct appeal
of the judgment and sentence, or (3) would be considered a second
or successive motion under rule 3.850 that either fails to allege
new or different grounds for relief that were known or should have
been known at the time the first motion was filed.’”) (quoting Baker
v. State, 878 So. 2d 1236, 1246 (Fla. 2004)).
The Court warns Appellant 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. See § 944.279, Fla. Stat. (2021); see also
Fla. R. App. P. 9.410(a).
RAY, WINOKUR, and JAY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Bradley C. Perry, pro se, Appellant.
Ashley Moody, Attorney General, and Anne C. Conley, Assistant
Attorney General, Tallahassee, for Appellee.
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