CASEY v. STATE (2020)

BY ORDER OF THE COURT:

Due to Brian M. Casey's apparent abuse of the legal process by the repetitious and frivolous pro se filings in the following cases:1D13-806, 1D13-1057, 1D13-1519, 1D13-5300, 1D13-5427, 1D13-5457, 1D13-5882, 1D14-1066, 1D14-1181, 1D14-1233, 1D17-2354, 1D18-289, 1D18-457, 1D18-2228, 1D18-2742, 1D18-3023, 1D18-3552, 1D18-4742, 1D18-5277, 1D19-95, 1D19-616, 1D19-1008, 1D19-1019, 1D19-1368, 1D19-1713, 1D19-2328, 1D19-2452, 1D19-3096, 1D19-3097, 1D19-3326, 1D19-3599, and 1D19-4051, this Court issued an order on October 16, 2020, directing Casey to show cause why he should not be prohibited from future pro se filings in this Court. See State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999) (requiring that courts “first provide notice and an opportunity to respond before preventing [a] litigant from bringing further attacks on his or her conviction and sentence”). Casey's response to the show cause order does not provide a legal basis to prohibit the imposition of sanctions.

Therefore, because Casey's repetitious, frivolous filings have become an abuse of the legal process, we hold that Casey is barred from future pro se filings in this Court. With the exception of his currently pending case numbers in this Court, 1D20-0044, 1D20-0557, and 1D20-1807, the Clerk of the Court is directed not to accept any future filings from Casey unless they are filed by a member in good standing of The Florida Bar. This includes any postdisposition motion filed in response to this order. Casey is warned that any filings that violate the terms of this order may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes. See Fla. R. App. P. 9.410.

We also direct the Clerk of the Court to provide a certified copy of this order to the Florida Department of Corrections to be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the Department as provided in section 944.279, Florida Statutes (2019).

I HEREBY CERTIFY that the foregoing is (a true copy of) the original court order.

ROBERTS, ROWE, and KELSEY, JJ., concur.