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IN THE DISTRICT COURT OF APPEAL
FOR THE FIRST DISTRICT
STATE OF FLORIDA
VINCENT CRAIG: WILLIAMS,
Appellant,
Vs. , Case No.: 1D19-3237
L.T. Case No.: 2019- CA-019
MILTON HICKS, CROSS-CITY
CORR. INST.,
Appellee,
/
PETITION FOR WRIT OF MANDAMUS
Pursuant to Rule 9.100 Fla..R. App. P., the Petitioner respectfully petitions
this Honorable Court for a Writ of Mandamus compelling the Respondent to
comply with the orders issued by this Court and Rule 9.110(e) Fla. R. App. P.
I. BASIS FOR INVOKING JURISDICTION
This Court has jurisdiction to issue a writ of mandamus under ‘Article V
Section 3(b)(8) of the Florida Constitution and Rule 9.030(b)(3) Fla. R. App. P.
Mandamus is the proper remedy since the duty to prepare a Record under Rule
9.110(e) Fla. R. App. P. is a ministerial duty.Ul. STATEMENT OF THE FACTS
On April 29, 2019, the Petitioner filed a Writ of Habeas Corpus in the Third
Judicial Circuit in and for Dixie County, Florida. On June 4, 2019, the Circuit
Court entered an order dismissing with prejudice Petitioner’s motion. on June 21,
2019 the Petitioner filed a Notice of Appeal and a motion titled ‘Directions to the
Clerk’ instructing the Clerk to include all materials listed in Rule 9.200(a)(1), Fla.
R App. P., the original habeas motion filed and the order dismissing Petitioner’s
motion.
On October 10, 2019, the Petitioner filed a Motion for Extension of Time,
requesting a 45 day extension to file his Initial Brief, claiming limited law library
access due to institutional security issues as well as the Petitioner had not yet
received an Index from the Clerk. On November 27, 2019, the Petitioner, without
receiving an Index, filed his Initial Brief with this Court. On January 31, 2020, the
Respondent, the Dept. of Corrections, filed a Motion to Strike, on February 12,
2020, the Petitioner filed a Motion to Enforce Duties of Clerk and a Reply to the
Dept. of Corrections Motion to Strike Initial Brief. On February 14, 2020, the
Dept. of Corrections filed their Answer Brief without the aid of an Index.
On February 27, 2020, this Court issued an order striking the Petitioner’s
Initial Brief, ordered the Clerk of the Lower Tribunal to provide a Record on or
before March 27, 2020, and instructed the Petitioner to file an Amended InitialBrief within 30 days thereafter. On April 1, 2020, the Petitioner filed a Notice of
Non Compliance informing this Court that an Index had not been received. On
April 13, 2020, this Court issued a second order directing the Clerk to provide a
Record on or before April 28, 2020, and also ordered that the Petitioner file his
Amended Initial Brief within 30 days thereafter. As of the date of this filing this
motion, an Index still has not been provided.
Il. THE NATURE OF THE RELEIF SOUGHT
The nature of the relief sought by this petition is a Writ of Mandamus
compelling the Respondent, the Clerk of the Court for Dixie County, to comply
with the orders issued by this Court instructing the Respondent to prepare a Record
and serve copies of the Index on all of the parties in compliance with Rule 9.110(e)
Fla. R. App. P.
IV. ARGUMENT
The Respondent’s ministerial duty is clearly outlined in Rule 9.110(e) and
9.200 Fla. R. App. P. regarding the preparation, content and timeframe in which to
provide a Record on Appeal. Even if, the language in the rule is unclear or not
applicable, the two separate orders issued by the First District Court were clear,
concise and well within their jurisdiction to issue. Therefore, these orders qualify
as being a ministerial duty, and therefore must be complied with.Ta
The Respondent has blatantly disregarded the Rules of Appellate Procedure
and two separate lawful court orders issued by the First District Court to prepare a
Record and provide an Index to the parties. Not only is this behavior unlawful, but
this behavior is impeding the Petitioner’s access to the Court, because without the
Index, the Petitioner is unable to submit an Initial Brief that is in compliance.
The Petitioner requests that this Honorable Court issue any writ it sees fit to
issue, to get the Clerk of Court for the Third Judicial Circuit, Dixie County, Florida
to prepare a Record and provide an Index to the parties. Additionally, since it is
clear that the Clerk is refusing to perform their duties, the Petitioner also requests
that this Honorable Court issue sanctions personally against the Clerk for their
willful and intentional disregard of the Rules and orders issued by the First District
Court.
Respectfully submitted,
Is/ $e Zé 2 a YP
Vincent Crai illiams, DC# 165970OATH
I HEREBY DECLARE under the penalty of perjury that the foregoing
motion is true and correct to the best of my knowledge.
|s| Lincent= wilt
Vincent-Craig: Williams, DC# 165970
\ v CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing motion has been sent
via U.S. Mail to: Clerk of the Court, 2000 Drayton pr. Tallahassee, Florida
q..
32399; Dana Johnson, Clerk of the court Dixie Couiity Courthouse, P.O. Box
1206, Cross City, Florida 32628 on this 7 day of _ usp 2020.
')\ Lacon I= Late LL
Vincent-Craig: Williams, DC# 165970
Cross-City Correctional Inst.
568 NE. 255th Street
Cross City, Florida 32628
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IN THE DISTRICT COURT OF APPEAL FOR THE FIRST DISTRICT STATE OF FLORIDA VINCENT CRAIG: WILLIAMS, Appellant, Vs. , Case No.: 1D19-3237 L.T. Case No.: 2019- CA-019 MILTON HICKS, CROSS-CITY CORR. INST., Appellee, / PETITION FOR WRIT OF MANDAMUS Pursuant to Rule 9.100 Fla..R. App. P., the Petitioner respectfully petitions this Honorable Court for a Writ of Mandamus compelling the Respondent to comply with the orders issued by this Court and Rule 9.110(e) Fla. R. App. P. I. BASIS FOR INVOKING JURISDICTION This Court has jurisdiction to issue a writ of mandamus under ‘Article V Section 3(b)(8) of the Florida Constitution and Rule 9.030(b)(3) Fla. R. App. P. Mandamus is the proper remedy since the duty to prepare a Record under Rule 9.110(e) Fla. R. App. P. is a ministerial duty.Ul. STATEMENT OF THE FACTS On April 29, 2019, the Petitioner filed a Writ of Habeas Corpus in the Third Judicial Circuit in and for Dixie County, Florida. On June 4, 2019, the Circuit Court entered an order dismissing with prejudice Petitioner’s motion. on June 21, 2019 the Petitioner filed a Notice of Appeal and a motion titled ‘Directions to the Clerk’ instructing the Clerk to include all materials listed in Rule 9.200(a)(1), Fla. R App. P., the original habeas motion filed and the order dismissing Petitioner’s motion. On October 10, 2019, the Petitioner filed a Motion for Extension of Time, requesting a 45 day extension to file his Initial Brief, claiming limited law library access due to institutional security issues as well as the Petitioner had not yet received an Index from the Clerk. On November 27, 2019, the Petitioner, without receiving an Index, filed his Initial Brief with this Court. On January 31, 2020, the Respondent, the Dept. of Corrections, filed a Motion to Strike, on February 12, 2020, the Petitioner filed a Motion to Enforce Duties of Clerk and a Reply to the Dept. of Corrections Motion to Strike Initial Brief. On February 14, 2020, the Dept. of Corrections filed their Answer Brief without the aid of an Index. On February 27, 2020, this Court issued an order striking the Petitioner’s Initial Brief, ordered the Clerk of the Lower Tribunal to provide a Record on or before March 27, 2020, and instructed the Petitioner to file an Amended InitialBrief within 30 days thereafter. On April 1, 2020, the Petitioner filed a Notice of Non Compliance informing this Court that an Index had not been received. On April 13, 2020, this Court issued a second order directing the Clerk to provide a Record on or before April 28, 2020, and also ordered that the Petitioner file his Amended Initial Brief within 30 days thereafter. As of the date of this filing this motion, an Index still has not been provided. Il. THE NATURE OF THE RELEIF SOUGHT The nature of the relief sought by this petition is a Writ of Mandamus compelling the Respondent, the Clerk of the Court for Dixie County, to comply with the orders issued by this Court instructing the Respondent to prepare a Record and serve copies of the Index on all of the parties in compliance with Rule 9.110(e) Fla. R. App. P. IV. ARGUMENT The Respondent’s ministerial duty is clearly outlined in Rule 9.110(e) and 9.200 Fla. R. App. P. regarding the preparation, content and timeframe in which to provide a Record on Appeal. Even if, the language in the rule is unclear or not applicable, the two separate orders issued by the First District Court were clear, concise and well within their jurisdiction to issue. Therefore, these orders qualify as being a ministerial duty, and therefore must be complied with.Ta The Respondent has blatantly disregarded the Rules of Appellate Procedure and two separate lawful court orders issued by the First District Court to prepare a Record and provide an Index to the parties. Not only is this behavior unlawful, but this behavior is impeding the Petitioner’s access to the Court, because without the Index, the Petitioner is unable to submit an Initial Brief that is in compliance. The Petitioner requests that this Honorable Court issue any writ it sees fit to issue, to get the Clerk of Court for the Third Judicial Circuit, Dixie County, Florida to prepare a Record and provide an Index to the parties. Additionally, since it is clear that the Clerk is refusing to perform their duties, the Petitioner also requests that this Honorable Court issue sanctions personally against the Clerk for their willful and intentional disregard of the Rules and orders issued by the First District Court. Respectfully submitted, Is/ $e Zé 2 a YP Vincent Crai illiams, DC# 165970OATH I HEREBY DECLARE under the penalty of perjury that the foregoing motion is true and correct to the best of my knowledge. |s| Lincent= wilt Vincent-Craig: Williams, DC# 165970 \ v CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing motion has been sent via U.S. Mail to: Clerk of the Court, 2000 Drayton pr. Tallahassee, Florida q.. 32399; Dana Johnson, Clerk of the court Dixie Couiity Courthouse, P.O. Box 1206, Cross City, Florida 32628 on this 7 day of _ usp 2020. ')\ Lacon I= Late LL Vincent-Craig: Williams, DC# 165970 Cross-City Correctional Inst. 568 NE. 255th Street Cross City, Florida 32628