IRENA I. CHARLES
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-06-24
No. 22-0559
Florida District Court of Appeal, Fifth District (2022)

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Holding

A party who engages in abusive, repetitive, and frivolous pro se filings attacking judgments and sentences may be prohibited from future pro se filings to conserve judicial resources.


Headnotes

[1] A litigant may be prohibited from filing further pro se motions and pleadings in a particular case when that litigant has abused the judicial process through abusive, rep…

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Key Quotes

“Enough is enough.”

Citation to Isley v. State, 652 So. 2d 409, 411 (Fla. 5th DCA 1995), expressing the court's exasperation with the continuation of frivolous filings.

Facts & Procedural History

Charles, acting pro se, filed repeated abusive, repetitive, malicious, or frivolous motions and filings attacking his judgment and sentence in Marion …

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Opinion of the Court

PER CURIAM.

Due to Petitioner’s apparent abuse of the legal process by his abusive, repetitive, malicious, or frivolous pro se filings attacking his judgments and sentences in Marion County Circuit Court Case Number 42-2012-CF-2167-A-Y, this Court issued an order directing Petitioner 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). Having carefully considered the response and finding it fails to show cause why sanctions should not be imposed, we conclude that Petitioner is abusing the judicial process and should be barred from further pro se filings.

In order to conserve judicial resources, Petitioner is prohibited from filing with this Court any further pro se filings concerning Marion County Circuit Court Case No. 42-2012-CF-2167-A-Y. 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.”). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See § 944.279(1), Fla. Stat. (2019); Simpkins v. State, 909 So. 2d 427, 428 (Fla. 5th DCA 2005). PETITIONER PROHIBITED FROM ANY FURTHER PRO SE FILINGS. COHEN, WALLIS and NARDELLA, JJ., concur.


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