ANTHONY FAILS v. JULIE JONES ETC

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Supreme Court of Florida.

ANTHONY J. FAILS Petitioner(s) v. JULIE L. JONES, ETC. Respondent(s)

CASE NO.: SC17-327

Decided: March 20, 2017

Because the Court has determined that relief is not authorized, this case is hereby dismissed. See Baker v. State, 878 So. 2d 1236 (Fla. 2004). Any motions or other requests for relief are also denied.

The Court hereby expressly retains jurisdiction to pursue any possible sanctions against petitioner. See generally Fla. R. App. P. 9.410(a).

Since 2008, petitioner has initiated twenty-six other cases in this Court. See Fails v. State, 994 So. 2d 1104 (Fla. 2008) (table) (notice dismissed for lack of jurisdiction); Fails v. State, 4 So. 3d 1220 (Fla. 2009) (table) (mandamus petition denied); Fails v. State, 998 So. 2d 1144 (Fla. 2008) (table) (petition for review dismissed for lack of jurisdiction); Fails v. McNeil, No. SC09-4 (Fla. Jan. 15, 2009) (habeas petition transferred to circuit court); Fails v. State, 36 So. 3d 83 (Fla. 2010) (table) (mandamus petition dismissed); Fails v. McNeil, 37 So. 3d 846 (Fla. 2010) (table) (habeas petition dismissed as unauthorized); Fails v. State, 51 So. 3d 1154 (Fla. 2010) (table) (mandamus petition dismissed as moot); Fails v. State, 46 So. 3d 47 (Fla. 2010) (table) (mandamus petition dismissed); Fails v. The Florida Bar, 43 So. 3d 690 (Fla. 2010) (table) (mandamus petition dismissed for lack of jurisdiction); Fails v. State, 59 So. 3d 108 (Fla. 2011) (table) (mandamus petition dismissed); Fails v. State, 63 So. 3d 748 (Fla. 2011) (table) (mandamus petition dismissed); Fails v. State, 123 So. 3d 557 (Fla. 2013) (table) (mandamus petition voluntarily dismissed); Fails v. State, No. SC13-2144 (Fla. April 10, 2014) (mandamus petition transferred to the district court); Fails v. Harris, 145 So. 3d 823 (Fla. 2014) (table) (petition for review denied); Fails v. Green, 147 So. 3d 522 (Fla. 2014) (table) (notice dismissed for lack of jurisdiction); Fails v. State, 153 So. 3d 904 (Fla. 2014) (table) (mandamus petition dismissed); Fails v. Jones, 168 So. 3d 224 (Fla. 2015) (table), reh'g stricken (June 15, 2015) (habeas petition dismissed as unauthorized); Fails v. Jones, 171 So. 3d 115 (Fla. 2015) (table) (habeas petition denied); Fails v. Haas, 173 So. 3d 962 (Fla. 2015) (table) (mandamus petition dismissed); Fails v. Jones, 192 So. 3d 36 (Fla. 2015) (table) (habeas petition dismissed); Fails v. Jones, No. SC16-495, 2016 WL 2586137 (Fla. May 4, 2016) (habeas petition dismissed as unauthorized); Fails v. Jones, No. SC16-917, 2016 WL 3215660 (Fla. June 9, 2016) (habeas petition dismissed as unauthorized); Fails v. Jones, No. SC16-1248, 2016 WL 4124117 (Fla. July 25, 2016) (habeas petition transferred to circuit court); Fails v. Jones, No. SC16-1613, 2016 WL 5405642 (Fla. Sept. 28, 2016) (habeas petition denied as procedurally barred); Fails v. Reid, No. SC16-2226, 2017 WL 243392 (Fla. Jan. 20, 2017) (mandamus petition denied); Fails v. State, No. SC17-320, 2017 WL 749038 (Fla. Feb. 27, 2017) (notice dismissed for lack of jurisdiction).

This Court has chosen to sanction pro se petitioners who have abused the judicial process and otherwise misused this Court's limited judicial resources by filing frivolous, nonmeritorious, or otherwise inappropriate filings related to their convictions and sentences. Such petitioners have been barred from initiating further proceedings in this Court unless their pleadings, motions, or other requests for relief were filed under the signature of a member of The Florida Bar in good standing. See, e.g., Steele v. State, 14 So. 3d 221 (Fla. 2009); Pettway v. McNeil, 987 So. 2d 20 (Fla. 2008); Tate v. McNeil, 983 So. 2d 502 (Fla. 2008).

It appearing that petitioner has abused the judicial process by filing numerous pro se filings in this Court that are either meritless or not appropriate for this Court's review, the Court now takes action. Therefore, Anthony J. Fails is hereby directed to show cause on or before April 10, 2017, why he should not be barred from filing any pleadings, motions, or other requests for relief in this Court related to Case No. 04-CF-337A, unless such filings are signed by a member of The Florida Bar in good standing. The petitioner is also directed to show cause why, pursuant to section 944.279(1), Florida Statutes, a certified copy of the Court's findings should not be forwarded to the appropriate institution for disciplinary procedures pursuant to the rules of the Florida Department of Corrections as provided in section 944.09, Florida Statutes.

A True Copy

Test:

John A. Tomasino Clerk, Supreme Court

two

Served:

KENNETH SCOTT STEELY

ANTHONY J. FAILS

TRISHA MEGGS PATE

HON. PAM CHILDERS, CLERK

PARIENTE, LEWIS, CANADY, POLSTON, and LAWSON, JJ., concur.

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