Joshua I. Martinez v. Secretary, Florida Department of Corrections
── Joshua I. Martinez v. Secretary, Florida Department of Corrections ──
Case No.: 24-12000
Court: Court of Appeals for the Eleventh Circuit
Date: March 31, 2026
Category: NEW
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-12000
Non-Argument Calendar
____________________
JOSHUA I. MARTINEZ,
Plaintiff-Appellant,
versus
MAYO CORRECTIONAL INSTITUTION,
Defendant,
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Florida
D.C. Docket No. 1:24-cv-00021-MW-MAF
____________________
Before JILL PRYOR, BRANCH, and TJOFLAT, Circuit Judges.
PER CURIAM:
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2 Opinion of the Court 24-12000
Joshua Martinez, a prisoner at Mayo Correctional Institute
(“MCI”), appeals the District Court’s dismissal of his complaint al-
leging violations of the Equal Protection Clause of the Fourteenth
Amendment for failure to state a claim upon which relief may be
granted. Reviewing the District Court’s order dismissing the com-
plaint de novo, we find that Martinez failed to plead factual allega-
tions sufficient to sustain a claim that is plausible on its face. Ac-
cordingly, we affirm.
I.
On December 10, 2013, Martinez was found guilty of sexual
battery on a person less than 12 years of age and sentenced to 78
months’ imprisonment followed by 20 years of sex offender proba-
tion. While serving his initial sentence, Martinez was found guilty
of “preventing or obstructing extinguishment of fire” in violation
of Fla. Stat. § 806.10(1) and damaging a sexually violent predator
detention or commitment facility in violation of Fla. Stat.
§ 806.13(5). For these offenses, Martinez was sentenced to an addi-
tional 8 years’ imprisonment, with a tentative release date of July
6, 2029.
On January 23, 2024, Martinez filed an informal grievance
with the MCI mental health division. In his informal grievance,
Martinez stated that he was informed that he could not attend sex-
offender therapy until he was within twelve months of release. He
was especially concerned that his failure to participate in sex of-
fender treatment would negatively affect his chance of early re-
lease.
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24-12000 Opinion of the Court 3
In response, an MCI official informed Martinez that because
he had approximately five years left on his sentence, he was not
within the time period for the program, and therefore ineligible to
participate. However, the official assured him that not participating
in the program would not reflect negatively on him since he was
not eligible to participate.
Martinez brought this action in the Northern District of
Florida seeking a declaration that, among other things, the prison’s
policy to delay sex-offender treatment until twelve months from
release is invidious discrimination in violation of the Fourteenth
Amendment’s Equal Protection Clause. The District Court dis
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}