Opinion
No. 2D14–879.
06-04-2014
Brain CASEY, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
Opinion
BY ORDER OF THE COURT.
The petition for writ of mandamus is denied.
From 2011 until the present, the petitioner, Brian Casey, initiated more than sixty-five proceedings in this court regarding his criminal charges in Lee County circuit court case numbers 10–CF–17674, 10–CF–19724, 10–CF–19726, and 10–CF–19945. So far, Mr. Casey has filed:
• fourteen petitions for writs of mandamus, case numbers 2D11–602, 2D12–1663, 2D12–2126, 2D13–175, 2D13–877, 2D13–1168, 2D13–1196, 2D13–1764, 2D13–4520, 2D14–223, 2D14–711, 2D14–877, 2D14–879, and 2D14–1665; of those resolved, all were denied;
• four petitions for writs of habeas corpus, case numbers 2D11–4867, 2D11–5926, 2D13–1609, and 2D13–2032, all of which were denied;
• twenty-two petitions for writs of prohibition, case numbers 2D11–3598, 2D11–3894, 2D11–4918, 2D11–5095, 2D11–5461, 2D11–6152, 2D11–6459, 2D12–971, 2D12–1128, 2D12–1129, 2D12–1827, 2D12–2831, 2D12–3588, 2D12–4515, 2D12–5130, 2D12–5131, 2D12–5201, 2D13–814, 2D13–1509, 2D13–1751, 2D13–5709, and 2D14–1423, all of which were either dismissed or denied;
• one petition for writ of certiorari, case number 2D12–1971, which was denied;
• three petitions for belated appeal, case numbers 2D13–586, 2D13–587, and 2D13–1876, all of which were denied;
• three petitions for ineffective assistance of appellate counsel 2D13–546, 2D13–853, and 2D14–174; of those resolved, all were denied;
• two appeals from the summary denial of rule 3.850 motions for postconviction relief, case numbers 2D12–4133 and 2D13–5705, which were affirmed;
• eight appeals from the summary denials of rule 3.800(a) motions to correct an illegal sentence; case numbers 2D12–5587, 2D12–5588, 2D12–5589, 2D12–5590, 2D12–5971, 2D12–6041, and 2D14–704 were dismissed; case number 2D14–2219 remains pending;
• an appeal from the denial of a habeas petition, case number 2D13–2219, which was dismissed;
• an appeal from the summary dismissal of a “notice of action,” case number 2D14–738, which remains pending;
• a “pleading to review evidence of altered transcripts to court hearings,” case number 2D12–1489, which was dismissed;
• four appeals from unappealable orders, case numbers 2D13–1504, 2D13–1505, 2D13–2655 and 2D13–4407, which were dismissed for lack of jurisdiction;
• three direct appeals from his judgments and sentences, case numbers 2D12–4928 and 2D12–5403, which remain pending, and case number 2D12–3335, which was affirmed.
“[A]ny citizen, including a citizen attacking his or her conviction, abuses the right to pro se access by filing repetitious and frivolous pleadings, thereby diminishing the ability of the courts to devote their finite resources to the consideration of legitimate claims.” State v. Spencer, 751 So.2d 47, 48 (Fla.1999). Mr. Casey's frequent and repetitious petitions raising successive claims in various combinations burden the limited resources of this court. Moreover, his abusive and meritless submissions to this court interfere with the resolution of genuine disputes.
In view of his numerous filings, most of which have been frivolous, we hereby issue this order for Mr. Casey to show cause within twenty days of the date of this order why this court should not direct the clerk to reject pleadings in this court related to the four circuit court case numbers recited above unless the filing is related to a pending direct appeal or is submitted by a licensed Florida attorney.
ALTENBERND, KELLY, and WALLACE, JJ., Concur.