BAILEY v. STATE (2023)

ORDER RESTRICTING PETITIONER FROM FUTURE PRO SE FILINGS

On January 13, 2023, this court denied John Bailey's petition for writ of habeas corpus and issued an order detailing Bailey's initiation of thirty-eight proceedings in this court related to his criminal charges in Pinellas County circuit court case number 91-CF-19920. We noted that his frequent and meritless filings burdened the limited resources of this court and interfered with the resolution of genuine disputes.

From 1992 to the present, John Bailey has initiated thirty-eight proceedings in this court regarding his criminal charges in Pinellas County circuit court case number 91-CF-19920. In appeal 2D92-4519, this court reversed and remanded for entry of a judgment on three counts of felonious possession of a firearm and for resentencing. Bailey v. State, 637 So. 2d 333, 335 (Fla. 2d DCA 1994). In appeal 2D00-4212, this court reversed and remanded for the trial court to reinstate the jail credit originally awarded in 1994. Bailey v. State, 777 So. 2d 995, 996 (Fla. 2d DCA 2000). Outside of those two cases granting relief, Bailey filed nine appeals of orders denying his various postconviction motions, seventeen petitions for writ of habeas corpus, four petitions for writ of mandamus, three petitions for writ of prohibition, one petition for writ of certiorari, one petition alleging ineffective assistance of appellate counsel, and one petition for belated appeal. None of these thirty-six cases resulted in Bailey being granted any relief.

Accordingly, we ordered Bailey to show cause why this court should not direct the clerk to reject pleadings in this court related to Bailey's circuit court case number 91-CF-19920 unless the filing is related to a pending appeal or was submitted by a licensed Florida attorney. See State v. Spencer, 751 So. 2d 47, 48-49 (Fla. 1999).

Bailey's response fails to satisfy this court's order to show cause why he should not be prohibited from future pro se appeals and original proceedings in this court. Instead, he continues to insist that his many petitions are meritorious and that the trial judge engaged in misconduct. Consequently, we direct the clerk of this court to place in an inactive file any original proceedings or notices of appeal filed by Bailey related to circuit court case number 91-CF-19920 unless the filing is signed by a member in good standing of The Florida Bar. See id.; McKenna v. State, 161 So. 3d 435, 436 (Fla. 2d DCA 2014).

PER CURIAM.

SILBERMAN, SLEET, and ROTHSTEIN-YOUAKIM, JJ., Concur.