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Baysen v. State

Supreme Court of Florida

July 31, 2019

MICHAEL ANTHONY BAYSEN Petitioner(s)
v.
STATE OF FLORIDA Respondent(s)

          Lower Tribunal No(s).: 4D11-2011; 501991CF015627AXXXMB

         To the extent Petitioner seeks to invoke this Court's all writs jurisdiction, the petition is dismissed for lack of jurisdiction because Petitioner has failed to cite an independent basis that would allow the Court to exercise its all writs authority and no such basis is apparent on the face of the petition. See Williams v. State, 913 So.2d 541, 543-44 (Fla. 2005); St. Paul Title Ins. Corp. v. Davis, 392 So.2d 1304, 1305 (Fla. 1980). To the extent Petitioner seeks discretionary review, the petition is dismissed. See Fla. R. App. P. 9.120(b).

         This Court hereby expressly retains jurisdiction to pursue any possible sanctions against Petitioner. See generally Fla. R. App. P. 9.410(a).

         Since 1998, Petitioner has initiated seventeen other cases in this Court pertaining to criminal case numbers 501991CF015627AXXXMB, 501992CF004265AXXXMB, and 501993CF004265AXXXMB. See Baysen v. State, No. SC18-1231, 2018 WL 4182245 (Fla. Aug. 28, 2018) (mandamus petition dismissed); Baysen v. State, No. SC17-253, 2017 WL 2351446 (Fla. May 31, 2017) (petition for review denied); Baysen v. Jones, No. SC15-1753, 192 So.3d 34 (Fla. 2015) (table) (habeas petition dismissed); Bayson v. State, No. SC14-2206, 157 So.3d 1041 (Fla. 2014) (table) (petition for review dismissed); Baysen v. State, No. SC14-2089, 153 So.3d 902 (Fla. 2014) (table) (petition for review dismissed); Bayson v. Crews, No. SC13-1503, 147 So.3d 520 (Fla. 2014) (table) (habeas petition denied); Bayson v. State, No. SC12-2069, 114 So.3d 932 (Fla. 2013) (table) (petition for review denied); Bayson v. Tucker, No. SC12-873, 100 So.3d 1146 (Fla. 2012) (habeas petition dismissed) (table); Baysen v. Buss, No. SC10-2315 (habeas petition transferred); Bayson v. State, No. SC10-1513, 47 So.3d 1287 (Fla. 2010) (table) (petition for review denied); Baysen v. State, No. SC08-469, 993 So.2d 510 (Fla. 2008) (table) (mandamus petition denied); Bayson v. State, No. SC07-2191, 973 So.2d 1119 (Fla. 2007) (table) (petition for review dismissed); Bayson v. State, No. SC06-53, 921 So.2d 628 (Fla. 2006) (table) (petition for review dismissed); Bayson v. State, No. SC04-590, 872 So.2d 898 (Fla. 2004) (table) (petition for review dismissed); Baysen v. State, No. SC02-1835, 825 So.2d 934 (Fla. 2002) (table) (petition for review dismissed); Baysen v. Singletary, No. SC60-92075, 707 So.2d 1123 (Fla. 1998) (table) (habeas petition denied); Baysen v. State, No. SC60-87338, 669 So.2d 250 (Fla. 1996) (table) (petition for review dismissed).

         This Court has chosen to sanction pro se petitioners who have abused the judicial process and otherwise misused this Court's limited judicial resources by filing frivolous, non-meritorious, or otherwise inappropriate filings related to their convictions and sentences. Such petitioners have been barred from initiating further proceedings in this Court unless their pleadings, motions, or other requests for relief were filed under the signature of a member of The Florida Bar in good standing. See, e.g., Steele v. State, 14 So.3d 221 (Fla. 2009); Pettway v. McNeil, 987 So.2d 20 (Fla. 2008); Tate v. McNeil, 983 So.2d 502 (Fla. 2008); Rivera v. State, 728 So.2d 1165 (Fla. 1998).

         It appearing that Petitioner has abused the judicial process by filing numerous pro se filings in this Court that are either meritless or not appropriate for this Court's review, the Court now takes action. Therefore, Michael Anthony Baysen is hereby directed to show cause on or before August 20, 2019, why he should not be barred from filing any pleadings, motions, or other requests for relief in this Court related to case numbers 501991CF015627AXXXMB, 501992CF004265AXXXMB, and 501993CF004265AXXXMB unless such filings are signed by a member of The Florida Bar in good standing. The petitioner is also directed to show cause why, pursuant to section 944.279(1), Florida Statutes (2018), a certified copy of the Court's findings ...


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