ALAIN BARUCHEL
v.
STATE OF FLORIDA
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A pro se litigant who abuses the judicial process through repetitive, malicious, or frivolous filings may be prohibited from filing further pro se motions concerning a specific case.
[1] A pro se litigant engaged in abusive, repetitive, malicious, or frivolous filings attacking a judgment and sentence may be prohibited from filing further pro se motions c…
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Join FLexlaw to unlock all legal intelligence“Enough is enough.”
The court cited this phrase from Isley v. State when imposing the pro se filing prohibition.
Alain Baruchel filed abusive, repetitive, malicious, or frivolous pro se filings attacking his judgment and sentence in Volusia County Circuit Court C…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
ALAIN BARUCHEL
Appellant,
v.
CASE NO. 5D20-203
STATE OF FLORIDA,
Appellee.
________________________/
Opinion filed August 7, 2020
Appeal from the Circuit Court for Volusia County, Dennis Craig, Judge.
Alain Baruchel, Daytona Beach, pro se.
No Appearance for Appellee.
PER CURIAM.
Due to Appellant’s apparent abuse of the legal process by his abusive, repetitive, malicious, or frivolous pro se filings attacking his judgment and sentence in Volusia County Circuit Court Case Number 2019-305265-CFDB, this Court issued an order directing Appellant to show cause why he should not be prohibited from future pro se filings. See State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999). We have carefully reviewed and considered Appellant's Motion filed on June 26, 2020. We treat Appellant's Motion as a response to our June 15, 2020 Order and find it fails to show cause why sanctions should not be imposed. We conclude that Appellant is abusing the judicial process and should be barred from further pro se filings.
2
In order to conserve judicial resources, Appellant is prohibited from filing with this Court any further pro se filings concerning Volusia County Circuit Court Case No. 2019- 305265-CFDB. The Clerk of this Court is directed not to accept any further pro se filings concerning the referenced case. The Clerk will summarily reject any future filings regarding the referenced case unless filed by a member in good standing of The Florida Bar. See Isley v. State, 652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”).
WALLIS, EISNAUGLE, and TRAVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)