Blow v. The State of Florida, No. 2:2023cv01094 - Document 4 (M.D. Fla. 2023)
Court Description: OPINION AND ORDER. Plaintiff James Anthony Blow, III's complaint 1 is DISMISSED with prejudice. The Clerk is directed to terminate any pending deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 12/1/2023. (BGS)
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Blow v. The State of Florida Doc. 4 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JAMES ANTHONY BLOW, III, Plaintiff, v. Case No.: 2:23-cv-1094-SPC-KCD THE STATE OF FLORIDA, Defendant. / OPINION AND ORDER Before the Court is Plaintiff James Anthony Blow, III’s Motion to Appeal Verdict of Guilt, and to Change Sunday Back to the First Day of the Week and from Off the Cross as the Last (Doc. 1), which the Court construes as a civil complaint. Blow is an inmate at the Brevard County Jail, and he brings this action on behalf of the sun. Blow argues the State of Florida violated the rights of our solar system’s central celestial body while prosecuting its criminal case against Blow. The Court dismisses this action as frivolous. See Porter v. Governor of the State of Fla., 667 F. App’x 766, 767 (11th Cir. 2016) (“A lawsuit is frivolous if its claims involve factual contentions that are fanciful, fantastic, irrational, and/or delusional.”). Because amendment would be futile, dismissal is with prejudice. Accordingly, it is now Dockets.Justia.com ORDERED: Plaintiff James Anthony Blow, III’s complaint (Doc. 1) is DISMISSED with prejudice. The Clerk is directed to terminate any pending deadlines, enter judgment, and close this case. DONE and ORDERED in Fort Myers, Florida on December 1, 2023. SA: FTMP-1 Copies: All Parties of Record 2
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