ULYSSES BROWN, APPELLANT,
v.
WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 1st DCA | 2017-08-10
No. CASE NO. 1D08-3141
Roberts, J., Rowe, J., Winokur, J.
224 So. 3d 839 Florida District Court of Appeal, First District (2017) Positive Treatment
Cited by 2 cases

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Synopsis

The court imposed disciplinary action against an incarcerated appellant for repeatedly violating a prior order barring pro se filings related to his convictions, directing the Department of Corrections to initiate institutional discipline under Florida Statutes section 944.279.


Holding

An incarcerated litigant who repeatedly violates a court order prohibiting pro se filings may be subject to disciplinary action by the Department of Corrections.


Headnotes

[1] Repeated violation of a court order barring pro se filings by an incarcerated litigant may result in referral to the Department of Corrections for disciplinary action und…

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Facts & Procedural History

Ulysses Brown, an incarcerated appellant, had previously been barred from filing pro se pleadings in the appellate court concerning his convictions an…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This Court previously barred Appellant from pro se filings in this Court,concerning convictions and sentences ■ in Duval County Circuit Court case nos. 1982 CF 06820 and 1982 CF 06845. We instructed the Clerk of Court “to reject -any future pleadings, petitions, motions, documents, or other filings submitted by Ulysses Brown, DC# 089244” related to his.convictions and sentences unless the filing was signed by a member in good standing of the Florida Bar. Brown v. McNeil, 22 So.3d 741, 743 (Fla. 1st DCA 2009). Since this prohibition, the Clerk of Court has received five pro se pleadings from Appellant. As instructed, the Clerk rejected' the filings and each time wrote Appellant informing him that no action-will be taken.

Our prior opinion warned Appellant that any violation of the prior bar order may subject him to further appropriate sanctions as provided in section 944.279(1), Florida Statutes. Id. Because Appellant continues to abuse the legal process by submitting pro se filings in clear violation of this court’s order, a certified copy of this opinion shall be provided to the Florida Department of Corrections to be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to "the rules of the department as provided in section 944.279, Florida Statutes. . .

Disciplinary action imposed.

. ROBERTS, ROWE, and WINOKUR, JJ., CONCUR.


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