Filed: Aug. 27, 2020
Latest Update: Aug. 27, 2020
Summary: Supreme Court of Florida _ No. SC20-355 _ ALPHONSO JAMES, SR., Petitioner, vs. AMIRA DAJANI FOX, etc., Respondent. August 27, 2020 PER CURIAM. This case is before the Court on the petition of Alphonso James, Sr. for a writ of quo warranto. We have jurisdiction. See art. V, § 3(b)(8), Fla. Const. By order dated April 8, 2020, we dismissed James’s petition pursuant to Pettway v. State, 776 So. 2d 930 , 931 (Fla. 2000). See James v. Fox, No. SC20-355, 2020 WL 1818572 (Fla. Apr. 8, 2020). Concurrent
Summary: Supreme Court of Florida _ No. SC20-355 _ ALPHONSO JAMES, SR., Petitioner, vs. AMIRA DAJANI FOX, etc., Respondent. August 27, 2020 PER CURIAM. This case is before the Court on the petition of Alphonso James, Sr. for a writ of quo warranto. We have jurisdiction. See art. V, § 3(b)(8), Fla. Const. By order dated April 8, 2020, we dismissed James’s petition pursuant to Pettway v. State, 776 So. 2d 930 , 931 (Fla. 2000). See James v. Fox, No. SC20-355, 2020 WL 1818572 (Fla. Apr. 8, 2020). Concurrent ..
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Supreme Court of Florida
____________
No. SC20-355
____________
ALPHONSO JAMES, SR.,
Petitioner,
vs.
AMIRA DAJANI FOX, etc.,
Respondent.
August 27, 2020
PER CURIAM.
This case is before the Court on the petition of Alphonso James, Sr. for a
writ of quo warranto. We have jurisdiction. See art. V, § 3(b)(8), Fla. Const. By
order dated April 8, 2020, we dismissed James’s petition pursuant to Pettway v.
State,
776 So. 2d 930, 931 (Fla. 2000). See James v. Fox, No. SC20-355,
2020
WL 1818572 (Fla. Apr. 8, 2020). Concurrent with the dismissal of the petition, we
expressly retained jurisdiction to pursue possible sanctions against James. Id.; see
Fla. R. App. P. 9.410(a) (Sanctions; Court’s Motion).
James was convicted in Twentieth Judicial Circuit (Lee County) case
number 361989CF001711000ACH on one count of possession of a controlled
substance with intent to sell or deliver, for which he was sentenced as a habitual
felony offender to twenty years’ imprisonment on January 22, 1990. James was
also convicted on one count of possession of a controlled substance with intent to
sell or deliver in Lee County case number 361989CF000890000ACH, for which he
was sentenced as a habitual felony offender to thirty years’ imprisonment on
January 29, 1990, ordered to run consecutively to any active sentences being
served. It is unclear whether James appealed his convictions and sentences.
James began filing petitions with the Court in 1991. Since that time, he has
filed thirty-four previous petitions or notices, and the majority of these filings have
been related to his convictions and sentences in the above-noted circuit court cases.
We have never granted the relief sought in any of James’s filings, which have all
been denied, dismissed, or transferred by the Court. Twelve of these previous
filings have been petitions for writ of quo warranto in which James challenged the
authority of various court officers with regard to his filings in the lower courts.
The quo warranto petition in this case was no exception. James claimed that the
State Attorney for the Twentieth Judicial Circuit failed to acknowledge a habeas
petition that he had mailed to her office, thus failing to comply with her duty as a
constitutional officer. We dismissed the petition and directed James to show cause
why he should not be barred from filing any further requests for relief and referred
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to the Department of Corrections for possible disciplinary action pursuant to
section 944.279, Florida Statutes (2019).
James filed a response to the order to show cause in which he asserts that the
First Amendment grants him the right to seek redress in the courts. Moreover,
James contests the State’s jurisdiction and its ability to punish him based on his
claim that he is a separate or “sovereign” citizen who has not consented to that
jurisdiction.
Upon due consideration of James’s response, we conclude that it fails to
show cause why sanctions should not be imposed. Based on his persistent history
of filing pro se petitions that were meritless or otherwise inappropriate for this
Court’s review, James has abused the judicial process and burdened this Court’s
limited judicial resources. We further conclude that James’s quo warranto petition
filed in this case is a frivolous proceeding brought before this Court by a state
prisoner. See § 944.279(1), Fla. Stat. (2019).
Accordingly, the Clerk of this Court is hereby instructed to reject any future
pleadings, petitions, motions, documents, or other filings submitted by Alphonso
James, Sr. that are related to case numbers 361989CF000890000ACH or
361989CF001711000ACH, unless such filings are signed by a member in good
standing of The Florida Bar. Counsel may file on James’s behalf if counsel
determines that the proceeding may have merit and can be brought in good faith.
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Furthermore, because we have found James’s petition to be frivolous, we direct the
Clerk of this Court, pursuant to section 944.279(1), Florida Statutes (2019), to
forward a copy of this opinion to the Florida Department of Corrections’ institution
or facility in which James is incarcerated.
No motion for rehearing or clarification will be entertained by the Court.
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, and
COURIEL, JJ., concur.
Original Proceeding – Quo Warranto
Alphonso James, Sr., pro se, Blountstown, Florida,
for Petitioner
No appearance for Respondent
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