RANDY L. FOX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court barred a pro se litigant from filing future appeals in this court regarding his conviction and sentence due to abuse of process through repeated frivolous postconviction filings.
A pro se litigant who has filed at least six previous postconviction cases attacking the same judgment and sentence may be barred from future pro se filings in the appellate court as an abuse of the legal process.
[1] A pro se litigant may be barred from filing future appeals in an appellate court when repeated attacks on the same judgment and sentence constitute an abuse of the legal…
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Join FLexlaw to unlock all legal intelligenceRandy L. Fox filed multiple pro se postconviction petitions in the appellate court challenging his conviction and sentence in Bay County Circuit Court…
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We previously affirmed the summary denial of the appellant’s petition for writ of habeas corpus brought pursuant to Florida Rule of Criminal Procedure 3.850(m), but retained jurisdiction for consideration of the imposition of sanctions.
The appellant has failed to obtain relief in at least six previous postconviction cases he filed in this court to challenge this judgment and sentence. Due to the appellant’s apparent abuse of the legal process by his repeated pro se filings attacking his conviction and sentence, this court issued an order directing him 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). The appellant filed a motion for rehearing responding to the order to show cause that does not provide a legal basis to prohibit the imposition of sanctions.
Therefox-e, because the appellant’s repeated attacks on his judgment and sentence have become an abuse of the legal process, we hold that he is barred from future pro se filings in this court concerning Bay County Circuit Court case number 87-1854-G. The Clerk of the Court is directed not to accept any future filings concerning this case unless they are filed by a member in good standing of The Florida Bar.
B.L. THOMAS, RAY, and OSTERHAUS, JJ, CONCUR.