Background
Jermaine Lerone Greene filed an original petition for writ of habeas corpus in the Florida Fifth District Court of Appeal concerning his judgments and sentences in Lake County Case No. 35-2013-CF-2220-A.
The court stated that it had previously denied or dismissed numerous repetitive, malicious, or frivolous pro se filings by Greene involving that case. It had cautioned him that further filings could result in sanctions and ordered him to show cause why he should not be barred from further pro se filings concerning those convictions and sentences. Greene did not respond.
The Court’s Holding
In a per curiam opinion, the Fifth District concluded that Greene’s continued repetitive filings and failure to respond to the show-cause order constituted an abuse of the judicial process.
The court prohibited Greene from making any further pro se filings in the Fifth District concerning Lake County Case No. 35-2013-CF-2220-A. The clerk must reject future pro se filings about that case unless they are filed by a member in good standing of The Florida Bar. The court also directed the clerk to send a certified copy of the opinion to the appropriate institution for consideration of disciplinary proceedings.
Key Takeaways
- A court may bar a litigant from further pro se filings in a particular case after repeated abusive filings and a failed opportunity to respond to a show-cause order.
- The filing restriction is case-specific and does not bar attorney-filed submissions by a Florida Bar member in good standing.
- The clerk was directed to reject future unauthorized pro se filings and to forward the opinion for possible disciplinary proceedings.
Why It Matters
The decision illustrates the Fifth District’s use of filing restrictions to conserve judicial resources when a litigant repeatedly advances claims concerning the same convictions and sentences. It also reflects the procedural importance of a prior warning and an opportunity to respond before imposing a pro se filing bar.