CEDRIC JEFFERSON, A/K/A DAVID PIERRE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The Third District Court of Appeal prohibited Cedric Jefferson from filing further pro se appeals and petitions related to his criminal convictions, finding he failed to show good cause after an order to show cause. Jefferson may still file through counsel.
Jefferson is prohibited from filing further pro se filings related to the specified case numbers, although he may file such matters if reviewed and signed by a licensed Florida Bar attorney in good standing. Unauthorized pro se filings will subject him to sanctions including written findings forwarded to the Department of Corrections for potential disciplinary action.
[1] A court may prevent a pro se litigant from filing further appeals, petitions, motions, or other pleadings after issuing an order to show cause and providing an opportunit…
[2] The right of pro se access to the courts must be balanced against the court's need to allocate finite resources to legitimate appeals.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We must balance Jefferson's pro se right of access to courts with the Court's need to devote its finite resources to legitimate appeals, recognizing the seriousness of the sanction when the litigant is a criminal defendant.”
Establishes the legal standard for restricting pro se filings: balancing access to courts against judicial resource management while considering the severity for criminal defendants.
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Join FLexlaw to unlock all legal intelligenceJefferson had previously filed a motion to correct sentence that was denied. The court issued an order to show cause regarding Jefferson's right to fi…
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On March 11, 2015, this Court issued an opinion affirming the denial of Cedric Jefferson’s a/k/a David Pierre (“Jefferson”) motion to correct sentence and order prohibiting him from filing any further post-conviction motions. In addition, our opinion contained an order to show cause why Jefferson should not be prohibited from filing with this Court any further pro se appeals, petitions, motions or other proceedings related to the convictions and sentences imposed in circuit court case numbers F96-41741 and F97-26815. Jefferson filed his response on April 23, 2015 but failed therein to show good cause to justify further pro se filings of appeals, petitions, motions, and other pleadings with this Court.
*157We must balance Jefferson’s pro se right of access to courts with the Court’s need to devote its finite resources to legitimate appeals, recognizing the seriousness of the sanction when the litigant is a criminal defendant. State v. Spencer, 751 So.2d 47, 48 (Fla.1999). After an order to show cause and an opportunity to respond, a court may prevent such further filings. Id.
It is hereby ordered that the Clerk of the Court of the Third District Court of Appeal shall refuse further pro se filings related to case numbers F96-41741 and F97-26815; provided, however, that filings related to case numbers F96-41741 and F97-26815 may be accepted by the Clerk if such filings have been reviewed and signed by an attorney who is a licensed member of the Florida Bar in good standing.
Any further and unauthorized pro se filings by Jefferson will subject him to sanctions, including the issuance of written findings forwarded to the Florida Department of Corrections for consideration by it for disciplinary action, pursuant to section 944.279(1) of the Florida Statutes.
Order issued.