Opinion
1D22-0390
05-24-2023
Arthur Genovese, Appellant, v. Ricky D. Dixon, Secretary, Fla. Dept. of Corr's, et al., Appellees.
Arthur Genovese, pro se, Appellant. Ashley Moody, Attorney General, and Kelly R. Forren, Assistant Attorney General, Tallahassee; and Lance Eric Neff, General Counsel, Department of Corrections, Tallahassee, for Appellees.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for Leon County. John C. Cooper, Judge.
Arthur Genovese, pro se, Appellant.
Ashley Moody, Attorney General, and Kelly R. Forren, Assistant Attorney General, Tallahassee; and Lance Eric Neff, General Counsel, Department of Corrections, Tallahassee, for Appellees.
PER CURIAM.
We affirm the trial court's order dismissing Genovese's petition for writ of mandamus in which he sought to compel action by the Department of Corrections regarding a 2018 prison disciplinary report.
This Court's records reflect that, along with this appeal, Appellant has filed at least thirteen prior postconviction appeals or petitions in this Court, including the following: 1D12-3960, Genovese v. Dep't of Corrs., 110 So.3d 444 (Fla. 1st DCA 2013) (unpublished table decision) (affirming order dismissing petition for writ of mandamus); 1D12-3992, Genovese v. Crews, 110 So.3d 444 (Fla. 1st DCA 2013) (unpublished table decision) (affirming order dismissing in part and denying in part petition for writ of mandamus); 1D12-4185, Genovese v. Dep't of Corrs. (dismissed as duplicative of 1D12-3960); 1D12-5291, Genovese v. Crews, 121 So.3d 1040 (Fla. 1st DCA 2013) (unpublished table decision) (denying on the merits petition for writ of certiorari); 1D13-0655, Genovese v. Crews, 122 So.3d 371 (Fla. 1st DCA 2013) (unpublished table decision) (denying on the merits petition for writ of certiorari); 1D13-1013, Genovese v. Crews, 122 So.3d 371 (Fla. 1st DCA 2013) (unpublished table decision) (denying on the merits petition for writ of certiorari); 1D13-1508, Genovese v. Crews (voluntarily dismissed); 1D14-2251, Genovese v. State, 151 So.3d 1234 (Fla. 1st DCA 2014) (unpublished table decision) (affirming order denying Florida Rule of Criminal Procedure 3.850 motion); 1D14-4874, Genovese v. Jones, 163 So.3d 1184 (Fla. 1st DCA 2015) (unpublished table decision) (denying on the merits petition for writ of certiorari); 1D19-2219, Genovese v. Inch, 313 So.3d 847 (Fla. 1st DCA 2021) (denying on the merits petition for writ of certiorari); 1D21-0268, Genovese v. State, 320 So.3d 996 (Fla. 1st DCA 2021) (dismissing as unauthorized petition for writ of habeas corpus); 1D21-0489, Genovese v. Inch, 316 So.3d 806 (Fla. 1st DCA 2021) (per curiam) (dismissing petition for writ of habeas corpus); 1D22-0047, Genovese v. Dixon, 336 So.3d 443 (Fla. 1st DCA 2022) (summarily affirming order dismissing petition for writ of habeas corpus).
These cases reveal a history of filing repetitious and frivolous postconviction appeals and petitions. Because of his continued abuse of the judicial process, the Court directs Genovese to show cause within twenty days why sanctions should not be imposed on him, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution for disciplinary procedures. See § 944.279(1), Fla. Stat. (2022); State v. Spencer, 751 So.2d 47, 48 (Fla. 1999); Ferris v. State, 100 So.3d 142, 144 (Fla. 1st DCA 2012) (Wetherell, J., concurring) (“[T]here comes a point after which a defendant's use of the appellate process to continue to litigate postconviction claims becomes an abuse of the process”).
AFFIRMED; ORDER TO SHOW CAUSE ISSUED.
ROWE, C.J., and KELSEY and TANENBAUM, JJ., concur.