Beruflich Dokumente
Kultur Dokumente
Florida Avenue, 4th Floor Tampa, FL 33602-4519 Telephone: (813) 483-4200 Dear U.S. Marshal William B. Berger, Sr.:
Thank you for your phone call Thursday January 30, 2014. I share your frustration with this matter, which is a state-wide problem of The Florida Bar usurping the Article III judicial power of the United States. My petition for rehearing Petition No. 13-7280 was filed February 7, 2014, copy enclosed, along with a guide to the proceedings and a CD-ROM. Soon I plan to serve a couple of motions. I would like the U.S. Marshal to serve courtesy copies on the Chief Justice, Associate and Retired Justices shown on the enclosed list. Please advise. In the past my filings to the Court have gone missing. I called the Court on February 6, 2014 and a deputy clerk could not find a letter the Court sent me February 4, 2014. This happened before. I believe Jeffrey Atkins, Supervisor of New Cases (202) 479-3263, has been involved, and likely others within the Court. I want to be sure my petition for rehearing is actually considered. The Supreme Court gets about 10,000 petitions for writ of certiorari a year. All petitions are filed in paper. The Supreme Court does not use CM/ECF or PACER like other federal courts. Anything sent to the Supreme Court at 1 First Street, NE, Washington, DC 20543, is re-routed to a decontamination facility called the Supreme Court Warehouse, 3035 V Street NE, Washington, DC 20018-1520 where items go through a security process. That process usually takes one day, then the items are delivered to the Supreme Court and eventually to the case analyst. My case analyst is Clayton R. Higgins, Jr. (202) 479-3019. I believe the case analyst is assigned alphabetically to the petitioner. My first submission to the Supreme Court was in June 2011, a Rule 22 Application to a single justice, Justice Thomas, who is assigned to hear matters arising in the jurisdiction of the U.S. Eleventh Circuit. Prior to filing I spoke with staff attorney Danny Bickell (202) 479-3024, who seemed forthright as one might expect of the Supreme Court. But once my Rule 22 Application was served on the Florida Respondents, things changed. My calls to the Court usually went unanswered. My two Rule 22 Applications were not presented to Justice Thomas, but returned to me citing errors. During the review of Petition No. 12-7747, I filed on January 22, 2013 two items that were not docketed by the Court, see enclosed my letter February 11, 2013 to then-Clerk William Suter.
Rule 12.6 Notice to the Clerk of the Court, party interest; and Rule 29 Proof of Service
2. Rule 8 Notice, conduct unbecoming a member of the Bar of this Court [Ryan C. Rodems] verified, with separate volume appendix; and Rule 29 Proof of Service. The current Clerk of the Supreme Court is Scott S. Harris. The above is representative but not inclusive of fraud or impairment of Petition. No. 12-7747. You asked about Sonja Mullerin and the pronunciation of her name. I know her as Alison Sunny Maynard. Sunny is an experienced attorney and former Assistant Attorney General from Colorado. Sunny claims she got on the wrong side of special interests, which led to disciplinary charges and a suspended law license. Sunny relocated to Gainesville, and changed her name to get a fresh start in a new profession. That plan was disrupted by a landlord-tenant dispute, where Sunny found RICO racketeering in Florida Courts as I did. Sunny sought the assistance and protection of an Article III federal judge, as I did in my case, and found what I found: The Florida Bar has usurped what Article III calls the judicial power of the United States. Sunny found me through my RICO pleading filed in the Eleventh Circuit, posted on Scribd, and promoted by others. We corresponded by email for a time, I spoke with her once by phone, but I have not met her in person. This is a link to Sunnys blog http://therealcolorado.blogspot.com/ A deputy clerk in the Ocala Division, Mary Jo Taylor, told me the US Marshal did not serve summons when I filed the complaint September 28, 2010 in 5:10-cv-503. A couple days later when I filed more papers, Mary Jo was there, and was on the verge of tears. While I am not certain what upset her, it may have been related to instructions from her superiors to obstruct my case. Over time Mary Jo was friendly and helpful in explaining things. A month before I filed my case I wrote August 30, 2010 to James Leanheart, Court Operations Supervisor, see enclosed. When I spoke with Mr. Leanheart October 19, 2012, he refused to say whom he contacted about my letter, or what his superiors told him. Unfortunately I believe my letter had the unintended consequence of obstructing my case. During our phone call you suggested I contact the media, and my response was not complete. Disability makes real-time communication difficult for me, as I cant think fast enough to fully respond. Colleen Jenkins of the Tampa Bay Times wrote a piece January 22, 2010 limited to a JQC conflict, Client-turned-adversary accuses Tampa law firm of conflict in judicial bid. Also, http://www.tampabay.com/news/courts/client-turned-adversary-accuses-tampa-law-firm-ofconflict-in-judicial-bid/1067460 The New York Times, Linda Greenhouse, then Adam Liptak, no interest. The Los Angeles Times, no response. James E. Doughton, Publisher, Ocala Star-Banner, interested only if certiorari is granted Patrick J. Talamantes, CEO, The McClatchy Company, no response Daily Business Review, John Pacenti, no response Tallahassee Democrat, Martha Gruender, no response
I also contacted public interest groups like the ACLU, First Amendment Foundation, Common Good, HALT, Reporters Committee, and Responsive Law in Washington DC. I also contacted people-friendly law firms like the Gerry Spence Law Firm in Jackson Hole, Wyoming. Over the years I have made hundreds of different contacts. See the accompanying information on 28 U.S.C. Chapter 37 - United States Marshals Service. Does 564 and or 566 give you authority to investigate felony crimes in this matter, like the Honest Services Fraud (18 U.S.C. 1346) of Judge Martha Cook and Mr. Rodems on September 28, 2010 in Hillsborough County? Or obstructing justice, and unlicensed practice of law (UPL) in federal court, when Mr. Rodems represented the state of Florida? Only the Florida Attorney General may represent the the State of Florida in a federal court action, Fla. Const. Art IV 4, F.S. 16.01, and State ex rel. Shevin v. Weinstein. See attached page from Petition No. 12-7747. UPL is a 3d felony subject to 5-yrs in prison (454.23), defined by Florida Bar Rule 10-2.1(a): (a) Unlicensed Practice of Law. The unlicensed practice of law shall mean the practice of law, as prohibited by statute, court rule, and case law of the state of Florida. Only the Attorney General of Florida may represent the State of Florida in a federal court action, Fla. Const. Art IV 4, F.S. 16.01, State ex rel. Shevin v. Weinstein. Mr. Rodems is not the Attorney General. Pam Bondi is the Attorney General of Florida. Please advise if the U.S. Marshal can serve courtesy copies on the Chief Justice, Associate and Retired Justices shown on the enclosed list. You may call, respond by letter, or email at my email address below. Thank you in advance for the courtesy of a response. Time is of the essence. Sincerely,
Neil J. Gillespie 8092 SW 115th Loop Ocala, Florida Telephone: (352) 854-7807 Email: neilgillespie@mfi.net Enclosures
February 11, 2013 The Honorable William K. Suter Clerk of the Court Supreme Court of the United States 1 First Street, NE Washington, DC 20543 RE: Petition No. 12-7747, Gillespie v. Thirteenth Judicial Circuit, FL, et al. Dear Hon. Clerk Suter: On January 22, 2013 I submitted the following documents for filing in the above petition, and as of today I do not see them posted on the Court's docket page at this link. http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-7747.htm 1. 2. Rule 12.6 Notice to the Clerk of the Court, party interest; and Rule 29 Proof of Service Rule 8 Notice, conduct unbecoming a member of the Bar of this Court, verified, with separate volume appendix; and Rule 29 Proof of Service.
Tomorrow February 12, 2013 I plan to submit for delivery to the Court February 13, 2013 a Supplemental Brief pursuant to Rule 15.8, Any party may file a supplemental brief at any time while a petition for a writ of certiorari is pending, calling attention to new cases, new legislation, or other intervening matter not available at the time of the party's last filing. My petition has been distributed for conference February 15, 2013. I am concerned that since the above Rule 12.6 and Rule 8 filings do not appear to be docketed, that there may be a problem, although I have proof of delivery to the Court for those filings. I request that the Court docket my Rule 15.8 Supplemental Brief upon arrival, because time is of the essence. Also, I do not have a response from Jeffrey Atkins, Supervisor of New Cases, to my letter dated January 22, 2013. I tried speaking with hin1 by phone, but forgot whom I spoke with earlier, due to a memory deficit disability, and that was a problem. I intend to fully cooperate. Thank you. Sincerely,
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eil J. Gi les 1 8092 SW 5th Loop Ocala, Frida 34481 Telephone: (352) 854-7807 Email: neilgillespie@mfi.net
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28 U.S.C. Chapter 37 - United States Marshals Service Does 564 and or 566 give you authority to investigate felony crimes in this matter, like the Honest Services Fraud (18 U.S.C. 1346) of Judge Martha Cook and Mr. Rodems on September 28, 2010 in Hillsborough County? Or obstructing justice, and unlicensed practice of law in federal court, when Mr. Rodems represented the state of Florida? Only the Florida Attorney General may represent the the State of Florida in a federal court action, Fla. Const. Art IV 4, F.S. 16.01, and State ex rel. Shevin v. Weinstein. See attached page from Petition No. 12-7747. Under 28 U.S.C. 564 - Powers as sheriff United States marshals, deputy marshals and such other officials of the Service as may be designated by the Director, in executing the laws of the United States within a State, may exercise the same powers which a sheriff of the State may exercise in executing the laws thereof. http://www.law.cornell.edu/uscode/text/28/564 28 U.S.C. 566 - Powers and duties (d) Each United States marshal, deputy marshal, and any other official of the Service as may be designated by the Director may carry firearms and make arrests without warrant for any offense against the United States committed in his or her presence, or for any felony cognizable under the laws of the United States if he or she has reasonable grounds to believe that the person to be arrested has committed or is committing such felony. Underline added. http://www.law.cornell.edu/uscode/text/28/566 (e) (1) The United States Marshals Service is authorized to (A) provide for the personal protection of Federal jurists, court officers, witnesses, and other threatened persons in the interests of justice where criminal intimidation impedes on the functioning of the judicial process or any other official proceeding;
Petition No. 12-7747, page 8 Discussion of the first question presented 1. Can a Florida lawyer in private practice usurp the authority of an Article III federal judge in a federal civil rights and disability lawsuit, by improperly representing the State of Florida during a coercive custody of the disabled and mentally impaired petitioner to force a settlement, and assign the petitioners claims against the State of Florida to himself and his law partners, then move to dismiss the federal lawsuit with prejudice on behalf of the State of Florida? The answer is no. Only the Florida Attorney General can represent the State of Florida, which in this petition includes the following Respondents: Thirteenth Judicial Circuit, Florida Claudia Rickert Isom, Circuit Judge, and individually James M. Barton, II, Circuit Judge, and individually Martha J. Cook, Circuit Judge, and individually David A. Rowland, Court Counsel, and individually Gonzalo B. Casares, ADA Coordinator, and individually Case law holds that a circuit court judge does not have authority to appoint counsel to represent the State of Florida: Only the Attorney General of Florida may represent the State of Florida in a federal court action. A circuit court judge was without the authority to appoint an acting state attorney to represent the state in an action pending before a federal court. State ex reI. Shevin v. Weinstein, 353 So. 2d 1251 (Fla. Dist. Ct. App. 3d Dis1. 1978). Section 16.01 Florida Statutes states: 16.01 Residence, office, and duties of Attorney General. The Attorney General: (4) Shall appear in and attend to, in behalf of the state, all suits or prosecutions, civil or criminal or in equity, in which the state may be a party, or in anywise interested, in the Supreme Court and district courts of appeal of this state. The Florida Constitution: Article IV, SECTION 4. Cabinet. (b) The attorney general shall be the chief state legal officer. There is created in the office of the attorney general the position of statewide prosecutor. The statewide prosecutor shall have concurrent jurisdiction with the state attorneys to prosecute violations of criminal laws occurring or having occurred, in two or more judicial circuits as part of a related transaction, or when any such offense is affecting or has affected two or more judicial circuits as provided by general law. The statewide prosecutor shall be appointed by the attorney general from not less than three persons nominated by the judicial nominating commission for the supreme court, or as otherwise provided by general law.
VIA U.P.S. No. 1Z64589FNY97993191 James E. Doughton, Publisher Ocala Star-Banner 2121 SW 19th Ave. Road Ocala, FL 34471
RE: U.S. Judge Wm. Terrell Hodges, Petition(s) to the U.S. Supreme Court Dear Mr. Doughton, Thank you and the Ocala Star-Banner for coverage over the years of Judge Hodges and the Ocala Division of the U.S. District Court. Enclosed you will find information about a 1971 citizen legal challenge to the investiture of Judge Hodges, Jim Fair v. W.T. Hodges, et al., Petition No. 71-6883 to the U.S. Supreme Court. The case of Jim Fair came to my attention through Judge Hodges comments reported in the Ocala Star-Banner, Snipes' tax evasion trial stays in Ocala, by Rick Cundiff, Ocala Star-Banner, December 27, 2007. Earlier this year my Petition No. 12-7747 for writ of certiorari to the Supreme Court was denied February 19, 2013, and rehearing denied April 15, 2013. In May 2013 Diana R. Esposito, Florida Chief-Assistant Attorney General, provided me incriminating public records showing fraud or impairment of Petition No. 12-7747, a legitimate government activity, 18 U.S.C. 371, etc. October 23, 2013 I made a new petition to the U.S. Supreme Court over a wrongful foreclosure of a Home Equity Conversion Mortgage, called a HECM reverse mortgage, the fraud and impairment of Petition No. 12-7747, and political persecution by The Florida Bar, Judge Hodges, and attorneys Ryan Christopher Rodems and Eugene P. Castagliuolo. This time I asked President Jimmy Carter for an observer, assistance from the United Nations High Commissioner for Human Rights, and asked the Human Rights Committee to receive and consider communications in this matter under article 41, the International Covenant on Civil and Political Rights (ICCPR). My new petition does not yet appear on the Courts online docket. Also enclosed is the Affidavit of Neil J Gillespie, I have a well-founded fear of political persecution, and the Affidavit of Neil J. Gillespie, fraud or impairment of Petition No. 12-7747, provided to Gabriela Knaul, Special Rapporteur, Independence of Judges and Lawyers, Geneva, and Shuaib Chalklen, Special Rapporteur on Disability, United Nations Enable, New York. Sincerely,
Neil J. Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Email: neilgillespie@mfi.net Enclosures
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