DARRELL JENKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Florida District Court of Appeal, First District imposed sanctions on pro se litigant Darrell Lamont Jenkins for abusive litigation practices, prohibiting him from filing documents in the court on his own behalf without representation by a Florida Bar member.
The court prohibited Jenkins from filing any documents in the court on his own behalf as an appellant or petitioner without representation by a Florida Bar member. Jenkins was given 30 days to secure counsel and file notices of appearance in active cases, with any case lacking such notice subject to dismissal.
[1] A court may prohibit a pro se litigant from filing further documents when their abusive litigation practices substantially interfere with the orderly process of judicial…
[2] A court may order a pro se litigant to secure counsel within a specified period, or face dismissal of their active cases.
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Join FLexlaw to unlock all legal intelligence“this court finds that the abusive litigation of Darrell Lamont Jenkins has substantially interfered with the orderly process of judicial administration”
establishes the court's finding that sanctions were warranted based on abuse of the litigation process
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Join FLexlaw to unlock all legal intelligenceJenkins initiated 21 cases in the court during calendar year 1999. Of these, two appeals resulted in per curiam affirmances, and eighteen were dismiss…
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PER CURIAM.
ORDER IMPOSING SANCTIONS
On March 1, 2000, this court issued an order which identified 21 cases, including this one, which had been initiated by Darrell Lamont Jenkins in this court in calendar year 1999. The order further provided:
Of these 21 cases, two appeals of summary denial of post-conviction motions, which do not require briefing in accordance with Fla. R.App. P. 9.140(i), resulted in per, curiam affirmances. Jenkins v. State, 748 So. 2d 512 (Fla. 1st DCA 1999); Jenkins v. State, 740 So. 2d 532 (Fla. 1st DCA 1999). Eighteen other cases were dismissed by unpublished orders for appellant/petitioner’s failure to comply with the Florida Rules of Appellate Procedure and/or orders of this court. Only the instant case remains pending and in it a show cause order is outstanding, directing appellant to show cause why the appeal should not be dismissed for appellant’s failure to ensure the filing of a record on appeal and an initial brief.
Upon consideration of the above, this court finds that the abusive litigation of Darrell Lamont Jenkins has substantially interfered with the orderly process of judicial administration. For that reason, appellant shall show cause within ten days of date of this order why he should not be prohibited from appearing before this court in proper person as an appellant in this case or as an appellant or petitioner in any future case. See State v. Spencer, 751 So. 2d 47 (Fla.1999); Attwood v. Eighth Circuit Court, 667 So. 2d 356 (Fla. 1st DCA 1995); Peterson v. State, 530 So. 2d 424 (Fla. 1st DCA 1988).
Jenkins did not respond to the show cause order. In fact, much of the mail sent to Mr. Jenkins by this court, possibly including the order to show cause, has been returned because he refused it. We find appellant’s pro se activities have substantially interfered with the orderly process of judicial administration in this court. In the exercise of our inherent power to prevent abuse of court procedure, it is hereby ordered that Darrell Lamont Jenkins, in proper person, is henceforth prohibited from filing any document in this court on his own behalf, in this or any other case, as appellant or petitioner. The clerk of this court is directed to refuse and return any document filed by or on behalf of Mr. Jenkins unless signed by a member of the Florida Bar. Appellant shall have 30 days from date of this order to secure the services of counsel, who shall file a notice of appearance, in this and any other active case before this court where Mr. Jenkins is currently representing himself. Any case in which such a notice is not timely filed will be dismissed by order of this court.
IT IS SO ORDERED.
JOANOS, LAWRENCE and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. Wilbur, 981 So. 2d 479 (Fla. 1st DCA 2008)…, 2008, we issued the following order to show cause: The Court, on its own motion, finds that the Johnsons’ pro se activities before this Court have substantially interfered with the orderly process of judicial administration. See Jenkins v. State, 756 So. 2d 1119 (Fla. 1st DCA 2000). Since 2003, Frank C. Johnson, Jr., has filed twenty-two cases in this Court. Ruth Johnson has been an appellant or petitioner in nineteen of those cases. Sixteen of the cases Mr. Johnson has filed have been dismissed for lack of…
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Attwood v. Eighth Cir. Court, 667 So. 2d 356 (Fla. 1st DCA 1995)
- Peterson v. State, 530 So. 2d 424 (Fla. 1st DCA 1988)