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Nairn v. State

Supreme Court of Florida
Sep 13, 2023
No. SC2023-0907 (Fla. Sep. 13, 2023)

Opinion

SC2023-0907

09-13-2023

Curtis Nairn, Petitioner(s) v. State of Florida, Respondent(s)


Lower Tribunal No(s).: 062006CF008303A88810

The petition for writ of prohibition is hereby dismissed because this Court generally will not consider the repetitive petitions of persons who have abused the judicial processes of the lower courts such that they have been barred from filing certain actions there. See Pettway v. State, 776 So.2d 930, 931 (Fla. 2000). No motion for rehearing or reinstatement will be entertained by this Court.

The Court hereby expressly retains jurisdiction to pursue any possible sanctions against Petitioner. See generally, Fla. R. App. P. 9.410(a).

Since 2007, Petitioner has initiated fourteen other cases in this Court pertaining to case number 062006CF008303A88810. To date, the Court has dismissed, denied, or transferred all of Petitioner's filings.

Nairn v. State, Case No. SC2023-1192, 2023 WL 5447687 (Fla. Aug. 24, 2023) (transferring notice of appeal to the Fourth District); Nairn v. Inch, Case No. SC2021-0282, 2021 WL 1904775 (Fla. May 11, 2021) (denying petition for writ of habeas corpus and writ of mandamus); Nairn v. State, Case No. SC2020-1448 (Fla. Oct. 2, 2020) (dismissing notice of intent to seek discretionary review); Nairn v. State, Case No. SC2020-1446, 2021 WL 118877 (Fla. Jan. 12, 2021) (denying notice to invoke discretionary jurisdiction); Nairn v. Inch, Case No. SC2020-1391, 2020 WL 7038601 (Fla. Dec. 1, 2020) (denying petition for writ of habeas corpus); Nairn v. State, Case No. SC2020-1347, 2020 WL 7039122 (Fla. Dec. 1, 2020) (denying petition for writ of mandamus); Nairn v. Inch, Case No. SC2020-1077, 2021 WL 2774753 (Fla. Jul. 2, 2021) (denying petition for writ of habeas corpus); Nairn v. State, Case No. SC2020-1179, 2020 WL 5111261 (Fla. Aug. 28, 2020) (transferring notice of appeal to the Fourth District); Nairn v. Inch, Case No. SC2019-1540, 2019 WL 6133839 (Fla. Nov. 19, 2019) (transferring petition for writ of habeas corpus); Nairn v. State, Case No. SC2015-2259, 2016 WL 805087 (Fla. Feb. 16, 2016) (dismissing petition to invoke all writs jurisdiction for lack of jurisdiction); Nairn v. State, Case No. SC2015-2153, 2016 WL 398905 (Fla. Feb. 2, 2016 (dismissing petition for writ of mandamus); Nairn v. State, Case No. SC2014-1787, 2014 WL 6469129 (Fla. Nov. 18, 2014) (denying petition for writ of mandamus); Nairn v. State, Case No. SC2009-2220, 2010 WL 550984 (Fla. Feb. 16, 2010) (denying petition for writ of mandamus); Nairn v. State, 956 So.2d 456 (Fla. 2007) (denying petition for writ of mandamus).

This Court has chosen to sanction pro se petitioners who have abused the legal process and otherwise misused this Court's limited judicial resources by filing repeated frivolous pro se pleadings. Such petitioners have been barred from initiating further proceedings in this Court unless their pleadings, motions, or other requests for relief were filed under the signature of a member of The Florida Bar in good standing. See, e.g., Steele v. State, 14 So.3d 221 (Fla. 2009); Pettway v. McNeil, 987 So.2d 20 (Fla. 2008); Tate v. McNeil, 983 So.2d 502 (Fla. 2008).

It appearing that Petitioner has abused the judicial process by filing numerous pro se filings in this Court that are either meritless or not appropriate for this Court's review, the Court now takes action. Therefore, Curtis Nairn is hereby directed to show cause on or before September 28, 2023, why he should not be barred from filing any pleadings, motions, or other requests for relief in this Court related to case number 062006CF008303A88810 unless such filings are signed by a member of The Florida Bar in good standing. Petitioner is also directed to show cause why, pursuant to section 944.279(1), Florida Statutes (2023), a certified copy of the Court's findings should not be forwarded to the appropriate institution for disciplinary procedures pursuant to the rules of the Florida Department of Corrections as provided in section 944.09, Florida Statutes (2023).

CANADY, LABARGA, COURIEL, GROSSHANS, and FRANCIS, JJ., concur.


Summaries of

Nairn v. State

Supreme Court of Florida
Sep 13, 2023
No. SC2023-0907 (Fla. Sep. 13, 2023)
Case details for

Nairn v. State

Case Details

Full title:Curtis Nairn, Petitioner(s) v. State of Florida, Respondent(s)

Court:Supreme Court of Florida

Date published: Sep 13, 2023

Citations

No. SC2023-0907 (Fla. Sep. 13, 2023)

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