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Allen v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jan 29, 2021
310 So. 3d 1130 (Fla. Dist. Ct. App. 2021)

Opinion

Case No. 5D19-3222

01-29-2021

Joseph Wayne ALLEN, Appellant, v. STATE of Florida, Appellee.

Joseph Wayne Allen, DeFuniak Springs, pro se. Ashley Moody, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.


Joseph Wayne Allen, DeFuniak Springs, pro se.

Ashley Moody, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, 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 Lake County Circuit Court Case Number 2003-CF-3102, 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). Having carefully considered the response and finding 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.

In order to conserve judicial resources, Appellant is prohibited from filing with this Court any further pro se filings concerning Lake County Circuit Court Case Number 2003-CF-3102. 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).

WALLIS, EISNAUGLE, and HARRIS, JJ., concur.


Summaries of

Allen v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jan 29, 2021
310 So. 3d 1130 (Fla. Dist. Ct. App. 2021)
Case details for

Allen v. State

Case Details

Full title:JOSEPH WAYNE ALLEN, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jan 29, 2021

Citations

310 So. 3d 1130 (Fla. Dist. Ct. App. 2021)