Resper v. Dept. of Pub. Saf. & Corr. Servs.

Circuit Court for Allegany County Case No. 01-C-12-036943 IN THE SUPREME COURT OF MARYLAND Petition No. 315 September Term, 2023 WAYNE RESPER v. SECRETARY, DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES Fader, C.J., Watts, Booth, Biran, Gould, Eaves, JJ. PER CURIAM ORDER Filed: May 31, 2024 Pursuant to the Maryland Uniform Electronic Legal Materials Act (§§ 10-1601 et seq. of the State Government Article) this document is authentic. 2024.05.31 15:46:07 -04'00' Gregory Hilton, Clerk * IN THE * WAYNE RESPER SUPREME COURT * OF MARYLAND v. * Petition No. 315 * September Term, 2023 SECRETARY, DEPARTMENT OF PUBLIC SAFETY AND * (No. 1806, Sept. Term, 2023 CORRECTIONAL SERVICES Appellate Court of Maryland) * (Cir. Ct. No. 01-C-12-036943) * ORDER In the Circuit Court for Allegany County, the petitioner, Wayne Resper, filed a motion to set aside a prior order that required him to seek leave of court before filing new papers. When that motion was denied in an order dated September 27, 2023, Mr. Resper filed a notice of en banc review, which the circuit court denied on October 19, 2023. Mr. Resper then filed a document he captioned “Notice of Appeal,” but which the court properly treated as an application for leave to appeal, addressed to the circuit court’s “October 19, 2023 decision.” The circuit court then entered an order, dated November 16, 2023, in which the court: (1) noted Mr. Resper’s filing; (2) stated that Mr. Resper, having been found to be a frivolous filer pursuant to § 5-1005(a) of the Courts & Judicial Proceedings Article, was not permitted to “file any further civil actions without leave of court” (quoting Md. Code Ann., Cts.