MARLON D. FLEMING
v.
STATE OF FLORIDA

Fla. 5th DCA | 2018-12-31
No. 18-3384
Kest, J., Torpy, J., Evander, J., Eisnaugle, J.
Florida District Court of Appeal, Fifth District (2018)

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Holding

A pro se petitioner whose filings regarding specific criminal cases have been found abusive, repetitive, malicious, or frivolous will be sanctioned for any further similar filings, including a bar on pro se filing and referral for prison disciplinary proceedings.


Headnotes

[1] A court may sanction a pro se litigant for filing abusive, repetitive, malicious, or frivolous pleadings by imposing a bar on future pro se filings and referring the matt…

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Facts & Procedural History

Marlon D. Fleming, a pro se litigant incarcerated in Raiford, filed a petition for writ of mandamus regarding four Orange County Circuit Court crimina…

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Opinion of the Court
Eisnaugle

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

MARLON D. FLEMING,

Petitioner,

v. Case No. 5D18-3384

STATE OF FLORIDA,

Respondent.

________________________________/

Opinion filed December 31, 2018

Petition for Writ of Mandamus, John Marshall Kest, Respondent Judge.

Marlon D. Fleming, Raiford, pro se.

No Appearance for Respondent.

PER CURIAM.

Upon consideration that Petitioner’s filings regarding Orange County Circuit Court Case Numbers 2000-CF-006410-A-O, 2000-CF-007495-A-O, 2000-CF-010324-A-O, and 2000-CF- 010414-AO have been found to be abusive, repetitive, malicious, or frivolous, Petitioner is cautioned that any further pro se pleadings filed in this Court asserting claims stemming from any of the four identified case numbers will result in sanctions such as a bar on pro se filing in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See State v. Spencer, 751 So. 2d 47 (Fla. 1999); § 944.279(1), Fla. Stat (2018). TORPY, EVANDER and EISNAUGLE, JJ., concur.


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