DENNIS J. MCARTHUR

v.

RICKY D. DIXON, ETC.

1 The current petition is the eighth time, since 2016, that Petitioner is before this Court (Case Nos. 3D16-0240, 3D18-0651, 3D19-1465, 3D19-1648, 3D21-1907, 3D22-1458 and 3D22-1831). In his previous appeal from a denial of a Florida Rule of Criminal Procedure 3.850 motion – Case No. 3D22-1831 – his appeal was dismissed for, among other reasons, being successive. The access to courts provision of the Florida Constitution – Article I, Section 21 – provides an avenue for an incarcerated person in Florida to challenge the legal basis for his or her incarceration; however, this constitutional right may be forfeited if that person abuses the judicial process. Jimenez v. State, 196 So. 3d 499, 501 (Fla. 3d DCA 2016). Our responsibility is to balance the incarcerated person’s right to access to courts with the need of this Court to devote its finite resources to legitimate appeals and petitions. State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999). Accordingly, after notice in the form of an order to show cause and an opportunity for the incarcerated person to respond, a court may prevent further filings. Id.; see Whipple v. State, 112 So. 3d 540, 540 (Fla. 3d DCA 2013). We conclude that Petitioner has not demonstrated good cause to justify further pro se filings of appeals, petitions, motions or other pleadings with this Court related to lower tribunal case number F11-9093. We direct the Clerk of the Third District Court of Appeal not to accept any further filings from Petitioner related this circuit court case number, unless such a filing has been reviewed and signed by an attorney who is a licensed member of the Florida Bar in good standing. Any such further and unauthorized pro se filings by Petitioner will subject him to sanctions, including the issuance of written findings forwarded to the Florida Department of Corrections for consideration of disciplinary action, including forefeiture of gain time. See § 944.279, Fla. Stat. (2023). Order issued.