Brian M. Casey v. Mark S. Inch, Secretary, Florida Department of Corrections
CourtDistrict Court of Appeal of Florida
Date FiledMay 6, 2020
Docket1D19-1713
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D19-1713
_____________________________
BRIAN M. CASEY,
Appellant,
v.
MARK S. INCH, Secretary,
Florida Department of
Corrections,
Appellee.
_____________________________
On appeal from the Circuit Court for Hamilton County.
Paul S. Bryan, Judge.
May 6, 2020
PER CURIAM.
We affirm without discussion the denial of Casey’s motion for
preliminary injunction. We also find this appeal to be yet another
frivolous claim filed by Casey. Since 2018, Casey has filed over a
dozen separate appeals or petitions in this Court challenging
actions of the Department of Corrections. He has not obtained
relief in any of these cases, and this Court has warned him about
filing further frivolous claims. See Casey v. Inch, 274 So. 3d 425
(Fla. 1st DCA 2019). Accordingly, pursuant to section 944.279,
Florida Statutes, we direct the Clerk to forward a certified copy of
this opinion to the Department of Corrections for appropriate
disciplinary action against Casey. See Ponton v. Willis, 172 So. 3d
574, 576 (Fla. 1st DCA 2015) (explaining that a Spencer order is
not required before referring the inmate for disciplinary action
based on a frivolous filing). Any future filings by Casey that violate
this order may lead to the imposition of additional sanctions,
including another referral to the Department for disciplinary
procedures under section 944.279. See Fla. R. App. P. 9.410.
RAY, C.J., and MAKAR and M.K. THOMAS, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Brian M. Casey, pro se, Appellant.
Ashley Moody, Attorney General, and Kristen J. Lonergan,
Assistant Attorney General, Tallahassee, for Appellee.
2