John Everett PETTWAY, Petitioner,
v.
STATE of Florida Respondent.
Supreme Court of Florida.
John E. Pettway, Sneads, Florida, Petitioner, pro se.
No Appearance for Respondent.
PER CURIAM.
On February 23, 2000, petitioner John Everett Pettway filed a petition for writ of habeas corpus in this Court. In the petition, Pettway asserted, inter alia, that he had received ineffective assistance of appellate counsel. Although we have jurisdiction over petitions for writ of habeas corpus, see art. V, § 3(b)(9), Fla. Const., pursuant to Florida Rule of Appellate Procedure 9.140(j)(1), on March 27, 2000, the petition was administratively transferred to the district court of appeal where the alleged ineffective assistance of counsel occurred. We now deny Pettway's motion to enforce our previous transfer order.
On April 24, 2000, the clerk of court of the Second District Court of Appeal sent Pettway a letter acknowledging receipt of the transferred petition but advising him that the case would not be considered, citing its decision in Pettway v. State,
Pettway's convictions and sentence have been exhaustively reviewed by this court and by the trial court, and he has received all relief due to him in this matter.
Accordingly ... the clerk of this court is directed to reject for filing all petitions for extraordinary relief sent by or on behalf of Pettway relating to his current conviction and sentence, unless submitted and signed by a member in good standing of The Florida Bar.
Pettway,
This Court denied review of the District Court's sanctioning decision when Pettway sought discretionary review of it in June of 1999. See Pettway v. State,
This Court held in Harvard v. Singletary,
This Court's transfer order specifically stated that "the transfer of this case is not an adjudication or comment on the merits of the petition; nor is it a determination as to the transferee court's jurisdiction." Our order did not actually require that the Second District accept and consider Pettway's case on the merits and we see no reason why we should compel it to do so now.
Accordingly, we conclude that this Court will generally not consider the repetitive petitions of persons who have abused the judicial processes of the lower courts such that they have been barred from filing certain actions there. We deny Pettway's motion to enforce the transfer order.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
