Background
Marcus O’Neal Jenkins, proceeding pro se, pursued an appeal arising from a Florida Rule of Criminal Procedure 3.850 matter in Duval County Circuit Court Case No. 16-2010-CF-9956-A.
After determining that Jenkins had apparently abused the legal process through repetitive, malicious, frivolous, or otherwise abusive pro se filings attacking his judgment and sentence, the Fifth District ordered him to show cause why he should not be prohibited from making future pro se filings. Jenkins did not respond.
The Court’s Holding
The court concluded that Jenkins was abusing the judicial process and barred him from filing any further pro se submissions in the Fifth District concerning the identified Duval County case.
The court directed its clerk to reject summarily any future filing concerning that case unless it is submitted by a member in good standing of The Florida Bar. It also directed the clerk to send a certified copy of the opinion to the appropriate institution for consideration of disciplinary proceedings.
Key Takeaways
- A litigant’s repetitive, malicious, frivolous, or otherwise abusive pro se filings may support restrictions on future filings.
- Jenkins received an opportunity to show cause before sanctions were imposed but filed no response.
- The restriction is limited to pro se filings concerning the specified Duval County criminal case; filings submitted by a Florida Bar member may still be accepted.
Why It Matters
The decision illustrates the Fifth District’s authority to conserve judicial resources by limiting abusive pro se litigation after notice and an opportunity to respond.
It also shows that a filing restriction may be paired with referral of the opinion to the appropriate correctional institution for consideration of disciplinary proceedings, without itself deciding whether institutional discipline should be imposed.