Brian M. Casey vs Mark S. Inch, Secretary, Florida Department of Corrections

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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

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