ARTHUR GENOVESE
v.
RICKY D. DIXON, SECRETARY, FLA. DEPT. OF CORR'S, ET AL.
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A prisoner's pattern of filing repetitious and frivolous postconviction appeals and petitions constitutes an abuse of the judicial process warranting sanctions, including potential prohibition of pro se filings.
[1] A pattern of filing repetitious and frivolous postconviction appeals and petitions constitutes an abuse of the judicial process for which a court may impose sanctions inc…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“there comes a point after which a defendant's use of the appellate process to continue to litigate postconviction claims becomes an abuse of the process”
Citation to Ferris v. State, 100 So. 3d 142, 144 (Fla. 1st DCA 2012), supporting the court's authority to impose sanctions for abuse of process.
Genovese, a pro se prisoner, filed a petition for writ of mandamus seeking to compel the Department of Corrections to take action regarding a 2018 pri…
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PER CURIAM.
We affirm the trial court’s order dismissing Genovese’s petition for writ of mandamus in which he sought to compel action by the Department of Corrections regarding a 2018 prison disciplinary report.
This Court’s records reflect that, along with this appeal, Appellant has filed at least thirteen prior postconviction appeals or petitions in this Court, including the following: 1D12-3960, Genovese v. Dep’t of Corrs., 110 So. 3d 444 (Fla. 1st DCA 2013) (unpublished table decision) (affirming order dismissing petition for writ of mandamus); 1D12-3992, Genovese v. Crews, 110 So. 3d 444 (Fla. 1st DCA 2013) (unpublished table decision) (affirming
order dismissing in part and denying in part petition for writ of mandamus); 1D12-4185, Genovese v. Dep’t of Corrs. (dismissed as duplicative of 1D12-3960); 1D12-5291, Genovese v. Crews, 121 So. 3d 1040 (Fla. 1st DCA 2013) (unpublished table decision) (denying on the merits petition for writ of certiorari); 1D13-0655, Genovese v. Crews, 122 So. 3d 371 (Fla. 1st DCA 2013) (unpublished table decision) (denying on the merits petition for writ of certiorari); 1D13-1013, Genovese v. Crews, 122 So. 3d 371 (Fla. 1st DCA 2013) (unpublished table decision) (denying on the merits petition for writ of certiorari); 1D13-1508, Genovese v. Crews (voluntarily dismissed); 1D14-2251, Genovese v. State, 151 So. 3d 1234 (Fla. 1st DCA 2014) (unpublished table decision) (affirming order denying Florida Rule of Criminal Procedure 3.850 motion); 1D14-4874, Genovese v. Jones, 163 So. 3d 1184 (Fla. 1st DCA 2015) (unpublished table decision) (denying on the merits petition for writ of certiorari); 1D19-2219, Genovese v. Inch, 313 So. 3d 847 (Fla. 1st DCA 2021) (denying on the merits petition for writ of certiorari); 1D21-0268, Genovese v. State, 320 So. 3d 996 (Fla. 1st DCA 2021) (dismissing as unauthorized petition for writ of habeas corpus); 1D21-0489, Genovese v. Inch, 316 So. 3d 806 (Fla. 1st DCA 2021) (per curiam) (dismissing petition for writ of habeas corpus); 1D22-0047, Genovese v. Dixon, 336 So. 3d 443 (Fla. 1st DCA 2022) (summarily affirming order dismissing petition for writ of habeas corpus).
These cases reveal a history of filing repetitious and frivolous postconviction appeals and petitions. Because of his continued abuse of the judicial process, the Court directs Genovese to show cause within twenty days why sanctions should not be imposed on him, 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(1), Fla. Stat. (2022); State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999); Ferris v. State, 100 So. 3d 142, 144 (Fla. 1st DCA 2012) (Wetherell, J., concurring) (“[T]here comes a point after which a defendant’s use of the appellate process to continue to litigate postconviction claims becomes an abuse of the process”). AFFIRMED; ORDER TO SHOW CAUSE ISSUED. ROWE, C.J., and KELSEY and TANENBAUM, JJ., concur. _____________________________
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Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Janeris Rivera-Torres v. Fernandez, 320 So. 3d 996 (Fla. 5th DCA 2021)