MCGLOCKLIN
v.
STATE
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The court imposed a vexatious litigant restriction on Mike McGlocklin, prohibiting him from filing further pro se appeals and pleadings relating to his conviction in case F00-19296. The restriction was imposed after McGlocklin filed successive, duplicative, and meritless petitions following the denial of his habeas corpus petition.
Good cause exists to prohibit McGlocklin from filing any further pro se appeals, pleadings, motions, or petitions relating to his conviction and sentence in case F00-19296. Any such future filings must be reviewed and signed by a licensed Florida Bar attorney, and unauthorized pro se filings may subject McGlocklin to sanctions including disciplinary action and forfeiture of gain time.
[1] A court may prohibit a litigant from filing further pro se appeals and pleadings when the litigant engages in a pattern of successive, duplicative, and frivolous filings,…
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Join FLexlaw to unlock all legal intelligence“McGlocklin is prohibited from filing any further pro se appeals, pleadings, motions, or petitions relating to his conviction, judgment, and sentence in lower tribunal case F00-19296.”
Dispositional language imposing the prohibition on pro se filings
McGlocklin filed a pro se petition for writ of habeas corpus, which was denied by the court on October 3, 2018. Following this denial, McGlocklin cont…
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PER CURIAM.
ON ORDER TO SHOW CAUSE
On October 3, 2018, the Court affirmed the denial of Mike McGlocklin’s petition for writ of habeas corpus. On the same date, the Court ordered McGlocklin to show cause why he should not be prohibited from filing further pro se appeals, petitions, motions, or other pleadings in this Court relating to lower tribunal case F00-19296.
Upon consideration of McGlocklin’s response to the order to show cause and the successive, duplicative, pro se petitions and appeals brought by McGlocklin, we conclude that good cause has not been shown. McGlocklin has engaged in the filing of meritless, frivolous, and successive claims, continuing to seek relief from this Court notwithstanding prior adverse determinations on the merits.
In accordance with State v. Spencer, 751 So. 2d 47 (Fla. 1999), and Concepcion v. State, 944 So. 2d 1069 (Fla. 3d DCA 2006), McGlocklin is prohibited from filing any further pro se appeals, pleadings, motions, or petitions relating to his conviction, judgment, and sentence in lower tribunal case F00-19296. We direct the Clerk of the Third District Court of Appeal to refuse to accept any such papers relating to the circuit court case number unless they have been reviewed and signed by an attorney who is a duly licensed member of The Florida Bar in good standing. See Whipple v. State, 112 So. 3d 540 (Fla. 3d DCA 2013).
Additionally, any such further and unauthorized pro se filings by McGlocklin may subject him to appropriate sanctions, including the issuance of written findings forwarded to the Department of Corrections for its consideration of disciplinary action, including the forfeiture of gain time. See § 944.279(1), Fla. Stat. (2018).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Moore v. State, 944 So. 2d 1069 (Fla. 5th DCA 2006)
- Whipple v. State, 112 So. 3d 540 (Fla. 3d DCA 2013)