SHAWN MCDUFFIE
v.
STATE OF FLORIDA
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A habitual pro se litigant abusing the judicial process with repetitive, malicious, or frivolous filings attacking the same judgments and sentences may be prohibited from further pro se filings in that court.
[1] A trial or appellate court may bar a pro se litigant from filing further pro se pleadings when that litigant demonstrates a pattern of abusive, repetitive, malicious, or…
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Join FLexlaw to unlock all legal intelligence“Enough is enough.”
The court cited Isley v. State for this statement regarding the need to stop frivolous litigation.
Shawn McDuffie, acting pro se, filed multiple abusive, repetitive, and frivolous petitions attacking his judgments and sentences in four related Breva…
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PER CURIAM.
Due to Petitioner’s apparent abuse of the legal process by his abusive,
repetitive, malicious, or frivolous pro se filings attacking his judgments and sentences in Brevard County Circuit Court Case Numbers 2006-CF-017252,
2006-CF-017253, 2006-CF-017254, and 2006-AP-35157, this Court issued an order directing Petitioner 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).
Having carefully considered the response and finding it fails to show cause why sanctions should not be imposed, we conclude that Petitioner is abusing the judicial process and should be barred from further pro se filings.
In order to conserve judicial resources, Petitioner is prohibited from filing with this Court any further pro se filings concerning Brevard County
Circuit Court Case Numbers 2006-CF-017252, 2006-CF-017253, 2006-CF-017254, and 2006-AP-35157. The Clerk of this Court is directed not to accept any further pro se filings concerning the referenced cases. The Clerk will summarily reject any future filings regarding the referenced cases unless filed by a member in good standing of The Florida Bar. See Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See § 944.279(1),
Fla. Stat. (2020); Simpkins v. State, 909 So. 2d 427, 428 (Fla. 5th DCA
2005).
SANCTIONS IMPOSED.
LAMBERT, C.J., EDWARDS and TRAVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- Simpkins v. State, 909 So. 2d 427 (Fla. 5th DCA 2005)