Transcript
Robin C. Ashton, OPR Counsel Deputy Secretary-General J an Eliasson
Office of Professional Responsibility Executive Office of the Secretary-General
U.S. Department of J ustice Rule of Law Unit, United Nations Headquarters
950 Pennsylvania Avenue, NW, Suite 3529 First Avenue at 46th Street
Washington, DC 20530-0001 New York, NY 10017 USA
www.justice.gov/opr/ http://www.un.org/en/ruleoflaw/index.shtml
Phone: 202-514-3365 Email:
[email protected]
VIA UPS No. 1Z64589FNY90737908 VIA UPS No. 1Z64589FNY93846697
February 18, 2014 Re: Fraud or impairment, 18 U.S.C. § 371
Petition No. 13-7280 U.S. Supreme Court
Petition No. 12-7747 U.S. Supreme Court
Dear Ms. Ashton and Mr. Eliasson:
This complaint to OPR of misconduct involving Department attorney Roger B. Handberg AUSA
Orlando Florida, and perhaps others, relate to the exercise of their authority to investigate,
litigate or provide legal advice, as well as allegations of misconduct by law enforcement
personnel when related to allegations of attorney misconduct within the jurisdiction of OPR.
Petition No. 13-7280 shows U.S. J udge William Terrell Hodges engaged in conduct prejudicial
to the effective and expeditious administration of the business of the courts in the Middle District
of Florida while presiding over my cases in the Ocala Division. Also see Fair v Hodges, a
meritorious 1971 citizen challenge to the investiture of J udge Hodges.
http://www.documento.com/doc/179253446/
This is also a complaint about fraud or impairment of a legitimate government activity, the above
captioned petitions to the U.S. Supreme Court. Petition No. 13-7280 seeks to stop wrongful
foreclosure of my home on a HECM “reverse” mortgage. In Petition No. 12-7747 I requested
appointment of a guardian ad litem but got no response. My phone call to the Supreme Court
February 6, 2014 revealed documents in my cases do not appear on the Court’s computer system.
On Thursday February 6, 2014, I called the Supreme Court about a letter from the Clerk dated
February 4, 2014, stating, (copy enclosed)
Dear Mr. Gillespie,
The voluminous exhibits submitted with your petition are herewith returned.
Sincerely,
Scott S. Harris, Clerk
by
Michael Broadus
Assistant Clerk
I asked the woman who took my call February 4, 2014 why the Court returned my exhibits
before time expired to file a petition for rehearing an order denying Petition No. 13-7280 for writ
of certiorari. She could not find the Court’s letter to me on the Court’s computer system. My
6
Corrected
Robin C. Ashton, OPR Counsel February 18, 2014
Deputy Secretary-General J an Eliasson Page -2
petition for rehearing was filed February 7, 2014. A copy of the petition for rehearing is
enclosed, with an Index to Petition No. 13-7280, CD-ROM, and related documents.
The enclosed petition for rehearing shows on page 9 the Florida Commission on Ethics gave
notice
1
December 17, 2013 to the public officers and employees below for Misuse of Public
Position, § 112.313(6) F.S. in the fraud or impairment of Petition No. 12-7747, a legitimate
government activity, 18 U.S.C. § 371, a conspiracy against my rights, 18 U.S.C. § 241, and a
deprivation of my rights under color of law, 18 U.S.C. § 242.
Ethics Complaint No. Public Officer or Public Employee Branch of Govt.
Complaint No. 13-201 Pamela J o Bondi, Attorney General of Florida Executive
Complaint No. 13-202 Diana R. Esposito, Chief Asst. Attorney General Executive
Complaint No. 13-203 Kenneth V. Wilson, Asst. Attorney General Executive
Complaint No. 13-204 Valerie Williford, Employee of Attorney General Executive
Complaint No. 13-205 Laura Martin, Employee of Attorney General Executive
Complaint No. 13-206 David Rowland, G.Counsel, Thirteenth J udicial Circuit J udicial
Complaint No. 13-207 Sandra Burge, paralegal, Thirteenth J udicial Circuit J udicial
The complaints, exhibits, and seven (7) Notices appear in separate appendices on the enclosed
CD-ROM. The Florida Commission on Ethics announced an alleged settlement of my home
mortgage dispute in seven orders entered J anuary 29, 2014, paragraph 3:
The complaint apparently alleges that the Respondent misused her public position by
conspiring with others in her office to deprive the Complainant of his legal rights...
related to an attorney's representation which resulted in a settlement of the Complainant's
home mortgage dispute.
If this settlement is correct, I do not have knowledge of it. I asked the Court to inquire further.
Otherwise these seven orders appear part of a campaign of psychological abuse or torture. My
complaints were dismissed on a technicality, which I intend to correct soon in new complaints.
On Friday, J anuary 24, 2014, the Commission on Ethics met in executive session and
considered this complaint for legal sufficiency pursuant to Commission Rule 34-5.002,
F.A.C. The Commission's review was limited to questions of jurisdiction of the
Commission and of the adequacy of the details of the complaint to allege a violation of
the Code of Ethics for Public Officers and Employees. No factual investigation preceded
the review, and therefore the Commission's conclusions do not reflect on the accuracy of
the allegations of the complaint.
Also, since filing the above complaints, I have received additional public records showing new
evidence of misuse of public office, and other serious criminal acts and obstruction of justice.
I am disabled with physical and mental impairments. My ability to function in real-time is
severely impaired. In the past Florida and federal courts, judges, judicial officers and court
employees have abused their power by using a position of dominance for advantage over me
1
Pursuant to Section 112.324, Florida Statutes.
Robin C. Ashton, OPR Counsel February 18, 2014
Deputy Secretary-General J an Eliasson Page -3
knowing I am especially vulnerable. It has taken me a long time to unravel the confusion caused
by this abuse of power. My amended disability motion to the Eleventh Circuit is enclosed.
August 28, 2012 I requested appointment of a guardian ad litem from the U.S. Supreme Court.
This was prior to filing Petition No. 12-7747 December 10, 2012. Mr. Clayton R. Higgins, J r.,
case analyst, returned my disability accommodation request by letter September 4, 2012,
Dear Mr. Gillespie,
In reply to your letter or submission, received August 31, 2012, I regret to inform you
that the Court is unable to assist you in the matter you present.
Under Article III of the Constitution, the jurisdiction of this Court extends only to the
consideration of cases or controversies properly brought before it from lower courts in
accordance with federal law and filed pursuant to the Rules of this Court.
Your papers are herewith returned.
Sincerely,
William K. Suter, Clerk
By: (signature)
Clayton R. Higgins, J r.
(202) 479-3019
When I filed Petition No. 12-7747, I resubmitted my disability request and got no response. The
disability request is found in PDF on the CD-ROM accompanying the Index to Petition No. 12-
7747. I cannot make paper copies of the 166 page document now because my good printer is not
working, and my old one is too slow. The cost of paper and ink is another limitation for me.
Petition No. 13-7280 notes fraud or impairment of Petition No. 12-7747 internal to the courts,
including the U.S. Supreme Court, beginning on page 9, the section called,
Markers of Fraud or Impairment in Petition No. 12-7747, submitted in No. 13-7280 pp. 9-11
Markers of fraud or impairment of Petition No. 12-7747 in the U.S. Supreme Court
On J anuary 22, 2013 I submitted Petitioner’s Verified Rule 8 Notice of Conduct
Unbecoming a Member of the Bar of this Court by Ryan Christopher Rodems, with
separate volume appendix; and Rule 29 Proof of Service. The Supreme Court did not
docket this filing and did not return the filing to me. U.P.S. shows proof of delivery the
next day, J anuary 23, 2013. The Rule 8 Notice is posted on Scribd (86 pages) at the link
below http://www.documento.com/doc/125838636/
On J anuary 22, 2013 I submitted Petitioner’s Rule 12.6 Notice to the Clerk of the Court
showing Mr. Rodems did not have a party interest in this petition. The Supreme Court
did not docket this filing and did not return the filing to me. U.P.S. shows proof of
Provided on
CD-ROM
Robin C. Ashton, OPR Counsel February 18, 2014
Deputy Secretary-General J an Eliasson Page -4
delivery the next day, J anuary 23, 2013. The Rule 12.6 Notice is posted on Scribd (22
pages) at the link below http://www.documento.com/doc/125839046/
On February 11, 2013 I wrote to Clerk William Suter about the above missing filing that
did not appear on the Court’s docket but got no response from the Clerk or anyone else.
On May 13, 2013 I wrote Contacted Kathleen L. Arberg, Public Information Officer, but
got no response. The letter is posted on Scribd http://www.documento.com/doc/144645896/
On August 29, 2012 I filed a corrected Rule 13.5 Application to J ustice Thomas. On
information and belief, a Rule 13.5 Application to extend time to file a petition for a writ
of certiorari automatically consolidates two or more judgments because:
“...you may only submit a single petition for a writ of certiorari when two or more
judgments are sought to be reviewed to the same lower court. Rule 12.4. This also
applies to an application for an extension of time within which to file a petition
for a writ of certiorari.”
Letter of J effrey Atkins to Neil Gillespie, J uly 25, 2012. (Note: copy enclosed)
2012
On September 13, 2013 J ustice Thomas granted Application 12A215 extending the time
to file a writ of certiorari to and including December 10, 2012. It does not appear cases
C.A.11 No. 12-11028 and C.A.11 No. 12-11213 were consolidated. The decision by
J ustice Thomas is not in the form of an order, but a letter from the Clerk that shows the
extension of time was granted, but not consolidation of C.A.11 No. 12-11028 and C.A.11
No. 12-11213. Only C.A.11 No. 12-11028 appears on the online Court docket.
The district court docket no. 5:11-cv-539-WTH-TBS (Appeal 12-11028) shows entry of a
decision by the U.S. Supreme Court February 21, 2013 at Doc. 28.
Document 28 - Notification from the U.S. Court of Appeals, 11th Circuit, that
WRIT OF CERTIORARI has been denied by the U.S. Supreme Court Issued on
02/19/13. The court's mandate having previously issued, no further action will be
taken by this court. (MJ T) (Entered: 02/21/2013)
Tellingly, district court docket no. 5:10-cv-503 WTH-(DAB)-TBS (Appeal 12-11213)
makes no mention of Petition No. 12-7747 or a decision by the U.S. Supreme Court.
Markers of fraud or impairment of Petition No. 12-7747
in the U.S. Eleventh Circuit
The U.S. Eleventh Circuit docket No. 12-11213 shows an entry August 27, 2012, twenty
(20) days after entry of dismissal, likely part of the effort to deny my petition due process
by getting Ms. Chapman out of the mail loop as counsel for Respondent Robert W. Bauer,
Robin C. Ashton, OPR Counsel February 18, 2014
Deputy Secretary-General J an Eliasson Page -5
Returned Mail was received for Attorney Catherine Barbara Chapman for - The
Law Office of Robert W. Bauer, P.A.. Address has NOT been verified and
updated, and mail has NOT been issued again. 8/15;pro-3 (ENVELOPE STATES
"NOT AT THIS ADDRESS"
The address shown below by the Eleventh Circuit was not one used by Ms Chapman at
any time in this litigation.
Catherine Barbara Chapman
Andrews Crabtree Knox & Andrews, LLP
PO BOX 12800
TALLAHASSEE, FL 32317-2800
All Florida lawyers are required to inform The Florida Bar of the lawyer’s current
address, which is shown on The Florida Bar’s online directory. Ms. Chapman’s address
shown on The Florida Bar’s online directory:
Catherine Barbara Chapman
Guilday, Tucker, Schwartz & Simpson, P.A.
1983 Centre Pointe Boulevard, Suite 200
Tallahassee, FL 32308-7823
My Rule 29 certificate of service, August 13, 2012 and August 29, 2012 to Ms. Chapman
shows the above address as listed by The Florida Bar.
On September 20, 2012 I emailed Andrews Crabtree Knox & Andrews, LLP, and asked
why does Eleventh Circuit have the wrong address for Catherine B. Chapman. Earlier
that day I called and was informed that Ms. Chapman has not been employed by the firm
for four years. I did not get a response from Andrews Crabtree.
End of section from Petition No. 13-7280, pp. 9-11.
New Section with additional evidence
Supplement 2014: Markers of Fraud or Impairment in Petition No. 12-7747
My letter to Clerk Sueter dated February 11, 2013 is enclosed. No one responded for the Court.
My Verified Rule 8 Notice of Conduct Unbecoming a Member of the Bar of this Court (Rodems)
is enclosed, with proof of delivery to the U.S. Supreme Court and parties on February 23, 2013.
The document was not entered on the Court’s docket, is not found on the Court’s computer
system, and just seems to have disappeared completely. This is not acceptable in the SCOTUS.
My Rule 12.6 Notice to the Clerk of the Court is enclosed, with proof of delivery to the U.S.
Supreme Court and parties on February 23, 2013. The document was not entered on the Court’s
docket, is not found on the Court’s computer system, and just seems to have disappeared
completely. This is not acceptable in the SCOTUS.
proof
Robin C. Ashton, OPR Counsel February 18, 2014
Deputy Secretary-General J an Eliasson Page -6
On J anuary 17, 2013 I made three telephone calls
2
to the Supreme Court of the United States.
• At 10:00 AM I called Mr. Higgins and left a message on his AUDIX Automated Voicemail
System. Mr. Higgins did not return my call.
• At 10:33 AM I called the Supreme Court again for J effrey Atkins, was greeted by his
AUDIX Automated Voicemail System, and I left this message,
• At 10:14 AM I called the Supreme Court again, and spoke with Robert, and J effrey Atkins.
On J anuary 17, 2013 at 10:00 AM I called Mr. Higgins and left a message on his AUDIX
Automated Voicemail System. Mr. Higgins did not return my call.
Transcript, date J anuary 17, 2013, time 10:00 AM, page 2 (transcript enclosed)
17 MR. GILLESPIE: Hello, Mr. Higgins, my name is
18 Neil Gillespie. I have a petition before the
19 Court; it's Number 12-7747.
20 Two respondents have not filed a waiver or a
21 response that was due Monday, J anuary 14th, 2013.
22 The other respondent, Ryan Christopher Rodems,
23 filed a waiver that had a harassing Post It note
24 attached to it.
25 Mr. Rodems' misconduct is at the center of
Transcript, date J anuary 17, 2013, time 10:00 AM, page 3
1 this petition and the Florida Bar has opened a
2 complaint against him for the misconduct. So his
3 appearance in this seems improper, but I don't know
4 what to do at this point. I'm not even sure if
5 you're still the case person, case analyst for this
6 case now that it's a petition; so I'll try and call
7 the other number.
8 My phone in Ocala is area (352)854-7807. If I
9 need to make some Motion to Compel, let me know and
10 I'll do so. Thank you.
2
Calls on home office telephone extension (352) 854-7807 are recorded for quality assurance
purposes pursuant to the use exemption of Florida Statutes chapter 934, section 934.02(4)(a)(1)
and the holding of Royal Health Care Servs., Inc. v. J efferson-Pilot Life Ins. Co., 924 F.2d 215
(11th Cir. 1991). This is for disability accommodation, and protection from Mr. Rodems.
Robin C. Ashton, OPR Counsel February 18, 2014
Deputy Secretary-General J an Eliasson Page -7
On J anuary 17, 2013 at 10:14 AM I called the Supreme Court again, and spoke with Robert, and
J effrey Atkins. The text is set out at Exhibit 1, due to the length.
On J anuary 17, 2013 at 10:33 AM I called the Supreme Court again for J effrey Atkins, was
greeted by his AUDIX Automated Voicemail System, and I left this message,
Transcript, date J anuary 17, 2013, time 10:33 AM, page 2 (transcript enclosed)
13 AUDIX AUTOMATED OPERATOR: Hello, this is J eff
14 Atkins in the United States Supreme Court. I am
15 unavailable to take your call at this time. If you
16 like you may leave a message and I'll return your
17 call as soon as possible. Thank you.
18 MR. GILLESPIE: Hello, Mr. Atkins, this is
19 Neil Gillespie getting back to you in petition
20 number 12-7747. I spoke with Robert. You asked
21 who I spoke with; it was Robert. Robert told me to
22 report Mr. Rodems' misconduct to the Supreme Court
23 Bar. I don't know how to do that. So if you can
24 explain that to me I would appreciate it. But the
25 person I spoke with was Robert. That was this
Transcript, date J anuary 17, 2013, time 10:33 AM, page 3
1 morning shortly before I spoke with you.
2 My phone number is (352)854-7807. Thank you.
On J anuary 31, 2013 at 2:39 PM I called the Supreme Court again, and spoke with a man whom
I believe was Robert.
Transcript, date J anuary 31, 2013, time 2:39 PM, page 2
17 CLERK'S OPERATOR: Clerk's office. Hold
18 please.
19 MR. GILLESPIE: Hello.
20 ROBERT: Thank you for holding, how can I help
21 you.
22 MR. GILLESPIE: Yes, I'm calling about some
23 pleadings that were delivered J anuary 23rd in my
24 petition. I wanted to make sure that they were
24 there because they're not showing on the docket.
Transcript, date J anuary 31, 2013, time 2:39 PM, page 3
1 ROBERT: Can I have the docket number, please.
2 MR. GILLESPIE: Yes, sir. It's petition
Robin C. Ashton, OPR Counsel February 18, 2014
Deputy Secretary-General J an Eliasson Page -8
3 12-7747.
4 ROBERT: 7747. It's Gillespie v. Thirteenth
5 J udicial Circuit of Florida?
6 MR. GILLESPIE: Yes, sir.
7 ROBERT: Okay.
8 MR. GILLESPIE: I have a Rule 12 Notice, a
9 Rule 8 Notice and some separate volume appendixes.
10 ROBERT: Okay.
11 MR. GILLESPIE: I sent them on the 22nd
12 overnight delivery. UPS shows they got there
13 J anuary 23rd. So I just wanted to make sure --
14 ROBERT: Okay. They might have just -- they
15 might have just not made it into our online system.
16 MR. GILLESPIE: Uh-huh.
17 ROBERT: Let me transfer you to your case
18 analyst.
19 MR. GILLESPIE: Well, that is not necessary.
20 Are you showing that they're there?
21 ROBERT: No, I don't see them in our system.
22 Which they might still be with the analyst. They
23 might have not made it on to our docketing system
24 yet.
25 MR. GILLESPIE: All right.
Transcript, date J anuary 31, 2013, time 2:39 PM, page 4
1 ROBERT: So I'll transfer you over there --
2 MR. GILLESPIE: Well, I really don't like that
3 because they get upset when I call and I'm trying
4 to keep conflict to a minimum. I might just call
5 back Monday.
6 ROBERT: Are you sure? It is their job.
7 MR. GILLESPIE: Well, I'm not going to get
8 into all that.
9 ROBERT: Okay.
10 MR. GILLESPIE: But, you know, I'm just
11 concerned that -- I mean, I know you guys do a
12 great job, but things happen, things get lost, and
13 these are important pleadings.
14 ROBERT: Absolutely, there's just a -- it goes
15 to an off-site location where all -- everything is
16 screened first, all of your mail is screened first.
17 MR. GILLESPIE: Yes, I'm aware of that.
18 ROBERT: Then it comes here and it gets
19 screened and then it comes through us and we look
20 through it. And then it's got to make it to the
Robin C. Ashton, OPR Counsel February 18, 2014
Deputy Secretary-General J an Eliasson Page -9
21 analyst and they have to enter it into our
22 docketing system. So there is some delay on that.
23 MR. GILLESPIE: Right. Okay. Well, I'll
24 check back maybe early next week.
25 ROBERT: Okay. Sounds good, sir.
Transcript, date J anuary 31, 2013, time 2:39 PM, page 5
1 MR. GILLESPIE: Thank you.
2 ROBERT: Have a nice day.
3 MR. GILLESPIE: Bye.
On February 8, 2013 at 12:49 PM I called the Supreme Court again, was greeted by, and left a
telephone message on the AUDIX Automated Voicemail System of J effrey Atkins.
Transcript, date February 8, 2013, time 12:49 PM, page 2
11 AUTOMATED OPERATOR: This call is being
12 recorded for quality assurance purposes.
13 CLERK'S OPERATOR: Hello, you have reached the
14 Clerk's -- (beep) -- please wait.
15 CLERK'S OPERATOR: Hello, Clerk's office.
16 MR. GILLESPIE: Hi, is Mr. Akins in, J effrey
17 Atkins?
18 CLERK'S OPERATOR: Yes, he is. Do you want me
19 to transfer you over to him?
20 MR. GILLESPIE: Thank you.
21 CLERK'S OPERATOR: Okay.
22 AUDIX AUTOMATED OPERATOR: Hello, this is J eff
23 Atkins, in the United States Supreme Court. Today
24 is Friday, February 8. I will be out of the office
25 for the remainder of the day. If you would like,
Transcript, date February 8, 2013, time 12:49 PM, page 3
1 you may leave a message and I'll return your call
2 first thing Monday morning. Or, if you have an
3 urgent matter that requires immediate attention you
4 may call Chris Vassel at (202)479-3027. Thank you.
5 MR. GILLESPIE: Yes, Mr. Atkins, this is Neil
6 Gillespie calling on petition 12-7747. I'm calling
7 about pleadings that were delivered on J anuary 23rd
8 and do not yet appear on the Court's website for
9 this case. And also, my letter to you of the 22nd,
10 I don't have a response to yet. So that's what I
11 am calling about. (352)854-7807. I have a
Robin C. Ashton, OPR Counsel February 18, 2014
Deputy Secretary-General J an Eliasson Page -10
12 supplemental brief and I want to speak with someone
13 about submitting that time wise. Thank you.
Rule 13.5 Application to J ustice Thomas
My Rule 13.5 Application to J ustice Thomas is enclosed, granted September 13, 2012. The
Clerk’s letter and Court docket showing J ustice Thomas granted Application 12A215 is enclosed.
Note: Catherine Chapman is counsel for Robert Bauer (referred to me by The Florida Bar LRS).
The Rule 29 Proof of Service shows service to Ms. Chapman at Guilday, Tucker, Schwartz &
Simpson, P.A., 1983 Centre Pointe Boulevard, Suite 200, Tallahassee, FL 32308-7823.
Email with Andrews Crabtree about Ms. Chapman’s incorrect address with the C.A.11 enclosed.
Correspondence with Roger B. Handberg, III, Asst. U.S. Attorney, MD Florida, Orlando
Mr. Handberg is familiar with some of the issues underlying this matter that involve payday loan
litigation. In 2001 the Florida Attorney General intervened in Neil Gillespie v. ACE Cash
Express, Inc. citing Florida RICO jurisdiction. Roger B. Handberg, Senior Assistant Attorney
General, Economic Crimes Division, appeared for the AG and got a $500,000 settlement for
Florida. Mr. Handberg was present J une 12, 2002 at a mediation in Tampa and knew I was not
satisfied with Barker, Rodems & Cook (BRC) who represented me. On or about May 22, 2002 I
called the opposing counsel for ACE, Paul Watson, and told him I wanted to settle. That was
after BRC defrauded me of $7,143 in the AMSCOT case November 1, 2001.
I wrote Mr. Handberg in 2007 about BRC’s fraud no avail. Since 2007 I also made written
complaints to the Florida Attorney General about The Florida Bar and Barker, Rodems & Cook,
first to AG Bill McCollum, and later to AG Bondi. Enclosed you will find the $500,000
settlement agreement, and my correspondence with Mr. Handberg, and AG Bill McCollum.
J anuary 10, 2014 - Senator Nelson, Senator Rubio, Acting US Atty. A. Lee Bentley, Assistant
U.S. Attorney Roger B. Handberg, and others is enclosed.
You may respond by letter, or email (preferred) 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:
[email protected]
Enclosures
1
Exhibit 1
On J anuary 17, 2013 at 10:14 AM I called the Supreme Court again, and spoke with Robert, and
J effrey Atkins. The text is set out at Exhibit 1, due to the length.
Transcript, date J anuary 17, 2013, time 10:14 AM, page 2
15 ROBERT: Good morning, Office of the Clerk.
16 MR. GILLESPIE: Hi, I'm calling about my
17 petition for writ of certiorari.
18 ROBERT: Okay.
19 MR. GILLESPIE: It's number 127747.
20 ROBERT: 127747.
21 MR. GILLESPIE: My name is Neil Gillespie, I
22 am the petitioner.
23 ROBERT: Yes, sir.
24 MR. GILLESPIE: Two of the respondents have
25 not filed a waiver or a response that was due
Transcript, date J anuary 17, 2013, time 10:14 AM, page 3
1 Monday, J anuary 14th.
2 ROBERT: They did file a waiver on
3 December 20th.
4 MR. GILLESPIE: They did?
5 ROBERT: We have in our system December 20th,
6 2012, Waiver of Right of Respondent, Ryan
7 Christopher Rodems --
8 MR. GILLESPIE: Okay, he is --
9 ROBERT: -- and Barker, Rodems and Cook, P.A.
10 MR. GILLESPIE: He is only one of many, many,
11 respondent, sir.
12 ROBERT: Uh-huh.
13 MR. GILLESPIE: He is not the other
14 respondent.
15 ROBERT: Okay.
16 MR. GILLESPIE: There's respondent State of
17 Florida has not responded. The respondent Robert
18 W. Bauer has not responded. They are not
19 represented by Mr. Rodems.
20 ROBERT: Okay.
21 MR. GILLESPIE: Okay
22 ROBERT: Let me transfer you to the case
23 analyst who would be handling this case.
24 MR. GILLESPIE: Well, let me just ask you, is
25 that Mr. Higgins?
2
Transcript, date J anuary 17, 2013, time 10:14 AM, page 4
1 ROBERT: Mr -- yes, sir.
2 MR. GILLESPIE: Okay. I've already called
3 that number and left a message.
4 ROBERT: Okay.
5 MR. GILLESPIE: I have another question. This
6 person Ryan Chris Rodems who filed the waiver, he
7 attached a harassing note to my copy when I
8 received it in the mail.
9 ROBERT: Uh-huh.
10 MR. GILLESPIE: I don't -- his misconduct is
11 at the center of this petition and the Florida Bar
12 has an open complaint against him for that
13 misconduct. So I don't even see how his appearance
14 is proper in this matter, since he's under
15 investigation by the Florida Bar.
16 ROBERT: And he is counsel for the defendants?
17 MR. GILLESPIE: Yes, for himself and his law
18 firm.
19 ROBERT: Okay.
20 MR. GILLESPIE: Not for any of the other --
21 ROBERT: If there is a complaint open -- if
22 there is a complaint open against him, I would
23 obviously save that letter and add it to your
24 complaint, but as far as you -- so you want him
25 removed as counsel for the respondents; is that
Transcript, date J anuary 17, 2013, time 10:14 AM, page 5
1 what you're saying?
2 MR. GILLESPIE: It seems that he engaged in
3 conduct unbecoming a member of the Bar of the
4 Supreme Court of the United States. I will also
5 say that, you know, this is his method of -- this
6 is his practice of litigation, litigation through
7 harassment. He is under a Court imposed
8 prohibition of conduct for this by Hillsborough
9 J udge Claudia Isom dating back to February the 5th.
10 He won't even address me by my surname, it's also
11 name calling.
12 ROBERT: Uh-huh.
13 MR. GILLESPIE: You know, which is the least
14 of it.
15 ROBERT: I'm not sure what you can -- I
16 believe that you can, you can report it to the
3
17 Supreme Court Bar as well and they can look into
18 it. But again, I can't answer these questions.
19 I'll transfer you. I don't believe Mr. Higgins is
20 here right now, but I can transfer you to his
21 supervisor, Mr. Atkins, who could answer these
22 questions a little bit more efficiently.
23 MR. GILLESPIE: All right. And what is the
24 Supreme Court Bar? I mean, I have looked online
25 for that and I can't seem to find it.
Transcript, date J anuary 17, 2013, time 10:14 AM, page 6
1 ROBERT: What do you mean what is it? You
2 need to be admitted to the Supreme Court Bar --
3 MR. GILLESPIE: I understand that, but you had
4 mentioned that as though it were an entity. Is it
5 an entity or just an accounting formality?
6 ROBERT: I believe it's its own Bar
7 Association.
8 MR. GILLESPIE: And where –
9 ROBERT: So should you wish to bring complaint
10 against Mr. Rodems I believe you can do that here
11 as well but, again, Mr. Atkins would be able to
12 answer that a little bit better.
13 MR. GILLESPIE: Thank you. And what was your
14 name, sir?
15 ROBERT: My name is Robert.
16 MR. GILLESPIE: Thank you, Robert.
17 ROBERT: Okay. But, like I said, I believe
18 it's its own entity, but Mr. Atkins is going to
19 know a little bit better than I.
20 MR. GILLESPIE: Thank you.
21 ROBERT: All right, sir, I'm going to transfer
22 you now.
23 MR. GILLESPIE: Thank you.
24 MR. ATKINS: Clerk's Office.
25 MR. GILLESPIE: Hi, is this Mr. Atkins?
Transcript, date J anuary 17, 2013, time 10:14 AM, page 7
1 MR. ATKINS: Yes, it is.
2 MR. GILLESPIE: My name is Neil Gillespie.
3 I'm the petitioner in number 12-7747. I'm not
4 getting the responses that were due J anuary 14th.
5 MR. ATKINS: Okay. What is your case number
6 again?
4
7 MR. GILLESPIE: 12-7747.
8 MR. ATKINS: Okay. Well, I don't see any --
9 except for a waiver that was filed by Rodems and
10 Barker, Rodems and Cook, I don't see anything else
11 filed. That's the only thing that has been filed
12 with us.
13 MR. GILLESPIE: Right. And you know, they
14 were due on the 14th.
15 MR. ATKINS: Right.
16 MR. GILLESPIE: Now, there is 10 respondents
17 who haven't responded.
18 MR. ATKINS: Okay. Well, what is going to
19 happen in this situation then, then it will go to
20 conference without the opposition briefs, the Court
21 will just look on the -- at the petition on its
22 own. And if they feel they need to see a response,
23 they will request a response to be filed. Okay.
24 MR. GILLESPIE: From whom?
25 MR. ATKINS: From the respondents.
Transcript, date J anuary 17, 2013, time 10:14 AM, page 8
1 MR. GILLESPIE: Okay.
2 MR. ATKINS: If the Court -- yeah, in other
3 words, if that's all that's submitted is your
4 petition, then that is all that is going to be
5 considered by the Court, unless they direct
6 otherwise.
7 MR. GILLESPIE: And when would that happen?
8 MR. ATKINS: Let's see here, J anuary 14th --
9 24th -- yeah, be sometime next month, probably
10 about the middle of the month.
11 MR. GILLESPIE: All right. So aren't the
12 respondents required to either respond or submit a
13 waiver?
14 MR. ATKINS: No, they're not. I mean, the
15 rules allow that one or the other has to be filed,
16 but that is up to them whether they file one to
17 them. And it will be up to the Court to decide to
18 go ahead and rule on the petition or not. So we
19 just have to wait to see how the Court rules on the
20 petition.
21 MR. GILLESPIE: All right. I have another
22 question. This respondent Ryan Christopher Rodems
23 who filed the waiver, he attached a harassing note
24 to the waiver copy that was provided me.
5
25 Mr. Rodems' misconduct is at the center of this
Transcript, date J anuary 17, 2013, time 10:14 AM, page 9
1 petition and the Florida Bar has an open complaint
2 against him for this misconduct. So his appearance
3 here seems improper.
4 MR. ATKINS: It seems improper? What did you
5 say, I didn't hear you?
6 MR. GILLESPIE: Mr. Rodems' misconduct,
7 professional misconduct is at the center of this
8 petition. The Florida Bar has an open Bar
9 complaint against Mr. Rodems for the misconduct
10 complained about in the petition. So his
11 appearance for himself and his firm appears
12 improper, especially since he has engaged in
13 conduct unbecoming a member of the Bar of the
14 Supreme Court of the United States.
15 MR. ATKINS: Okay. Well, the Court will take
16 that in consideration. I mean, right now he
17 didn't -- like I said, all that was filed was the
18 waiver, there was no response to the petition. So
19 he simply just filed a waiver waiving his right to
20 respond. Okay. But anything as far as that is
21 concerned, that is, again, up to the Court's
22 discretion.
23 MR. GILLESPIE: Well, they're not aware of the
24 harassment, the harassing note that was attached to
25 the Supreme Court waiver.
Transcript, date J anuary 17, 2013, time 10:14 AM, page 10
1 MR. ATKINS: Okay.
2 MR. GILLESPIE: The fellow that I spoke with
3 before you said it's possible to make a complaint
4 to the Bar of the Supreme Court. How is that done?
5 MR. ATKINS: Well, I don't know, who did you
6 speak to?
7 MR. GILLESPIE: Whoever -- the person that
8 answered the phone. I mean, it's really
9 irrelevant. Is it possible to make a complaint
10 against a member of the Bar of the Supreme Court?
11 And how is that --
12 MR. ATKINS: No, not a complaint filed here.
13 I think it goes against the State Bar that the
14 attorney is a member of, filed with the State Bar.
6
15 MR. GILLESPIE: Okay. Well, I have an open
16 complaint against him.
17 MR. ATKINS: Okay. So you did what you could
18 do then. So we will see how they rule on that.
19 MR. GILLESPIE: Well, I'm confused now,
20 because the fellow I just spoke with --
21 MR. ATKINS: Well, what's his name, that's why
22 I'm asking? You said it's not relevant; it's
23 relevant to me because I -- it would be nice to
24 know who you spoke to. I can ask him about that.
25 MR. GILLESPIE: I can't remember right now, it
Transcript, date J anuary 17, 2013, time 10:14 AM, page 11
1 would take me a couple of minutes. I'm severely
2 disabled, unfortunately, and it affects my memory
3 short term. I would have to think about it for a
4 minute, but I can get back to you.
5 MR. ATKINS: Well, let me --
6 MR. GILLESPIE: I'll get back to you with the
7 name.
8 MR. ATKINS: All right. Have a good day, sir.
9 Goodbye.
Supreme Court of the United States
Office of the Clerk
Washington, DC 20543-0001
Scott S. Harris
Clerk of the Court
(202) 479-3011
February 4, 2014
Mr. Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Re: Neil J. Gillespie
v. Reverse Mortgage Solutions, Inc., et ale
No. 13-7280
Dear Mr. Gillespie:
The voluminous exhibits submitted with your petition are herewith returned.
Sincerely,
Scott S. Harris, Clerk
by
Michael Broadus
Assistant Clerk
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SUPREME COURT OF THE UNITED STATES
WASHINGTON, DC 20543-0001
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SUPREME COURT OF THE UNITED STATES
OFFICE OF THE CLERK
WASHINGTON, DC 20543-0001
July 25,2012
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
RE: Neil J. Gillespie v. Thirteenth Judicial Circuit, et al.
Dear Mr. Gillespie:
In response to your letter of July 23,2012, you may only submit a single petition for a
writ of certiorari when two or more judgments are sought to be reviewed to the same
lower court. Rule 12.4. This also applies to an application for an extension of time
within which to file a petition for a writ of certiorari.
The Rules of this Court are enclosed.
Sincerely,
William K. Suter, Clerk
By: /) U I
. /
~
Jeffre n
(202 4 ~
Enclosures
February11,2013
TheHonorableWilliamK. Suter
Clerkof theCourt
SupremeCourtoftheUnitedStates
1FirstStreet,NE
Washington,DC20543
RE: PetitionNo. 12-7747,Gillespiev. ThirteenthJudicialCircuit,FL,etal.
DearHon. ClerkSuter:
OnJanuary22,2013 Isubmittedthefollowingdocumentsforfiling intheabovepetition,andas
oftodayIdonotseethempostedontheCourt'sdocketpageatthislink.
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-7747.htm
1. Rule 12.6NoticetotheClerkof theCourt,partyinterest;andRule29ProofofService
2. Rule8Notice,conductunbecomingamemberoftheBarof thisCourt,verified,with
separatevolumeappendix;andRule29ProofofService.
TomorrowFebruary 12,2013 IplantosubmitfordeliverytotheCourtFebruary13,2013 a
SupplementalBriefpursuanttoRule 15.8,Anypartymayfile asupplementalbriefatanytime
whileapetitionforawritofcertiorariispending,callingattentiontonewcases,newlegislation,
orotherinterveningmatternotavailableatthetimeof theparty'slastfiling.
MypetitionhasbeendistributedforconferenceFebruary 15,2013. Iamconcernedthatsincethe
aboveRule 12.6andRule8filings donotappeartobedocketed,thattheremaybeaproblem,
althoughIhaveproofofdeliverytotheCourtforthosefilings. IrequestthattheCourtdocket
myRule 15.8 SupplementalBrief uponarrival,becausetimeisof theessence.
Also,IdonothavearesponsefromJeffreyAtkins, Supervisorof NewCases,tomyletterdated
January22,2013. Itriedspeakingwithhin1byphone,butforgotwhomIspokewithearlier,due
toamemorydeficitdisability,andthatwasaproblem. Iintendtofullycooperate. Thankyou.
Sincerely,
~
c::,
7
. /' ~ /
~ 1 eilJ. Gi les
8092 SW 5thLoop
(
Ocala,Frida34481
Telephone: (352)854-7807
Email:
[email protected]
Neil Gillespie
From: "Neil Gillespie"
To: ; ; ;
Sent: Thursday, September 20, 2012 1:27 PM
Attach: Return mail for Catherine B. Chapman, Andrews Crabtree, Aug-27-2012.pdf
Subject: Attorney Catherine B. Chapman listed as with Andrews Crabtree in C.A.11
Page 1of 1
8/26/2013
J eannette M. Andrews
Robert C. Crabtree
J . Craig Knox
Ben A. Andrews
To the attorney partners at Andrews Crabtree Knox & Andrews, LLP:
Attached you will find a document entered by the Clerk of the U.S. 11th Circuit Court of Appeals, Case:
12-11213 Date Filed: 08/27/2012 Page: 1 of 2, showing returned mail for Catherine Barbara Chapman at
Andrews, Crabtree, Knox & Andrews, LLP.
I do not understand why the Clerk attached an unrelated letter to me dated August 15, 2012. I learned of
this matter today by reading the docket on PACER. The Clerk did not provide this information to me by
mail.
The docket entry reads: "Returned Mail was received for Attorney Catherine Barbara Chapman for - The
Law Office of Robert W. Bauer, P.A.. Address has NOT been verified and updated, and mail has NOT
been issued again. 8/15;pro-3 (ENVELOPE STATES "NOT AT THIS ADDRESS")"
Today I called your office and was informed that Ms. Chapman has not been employed by your firm for
four years.
Ms. Chapman and Guilday, Tucker have represented Defendants/Appellees Robert W. Bauer and the
Law Office of Robert W. Bauer, P.A. since April 2011, first in the U.S. District Court, and later in the
U.S. Court of Appeals. During all that time there was no problem with Ms. Chapman’s address at
Guilday, Tucker.
I would appreciate any information you can provide as to why Ms. Chapman is listed in the U.S. 11th
Circuit Court of Appeals as a member of your firm, and if this listing needs correction. I have not yet
discussed this issue with Ms. Chapman.
This and a related case are being appealed to the U.S. Supreme Court. I am the pro se, non lawyer
petitioner. Below is a link to the U.S. Supreme Court, J ustice Thomas granted my Rule 13.5 Application
to extend time to file a petition for writ of certiorari on September 13, 2012.
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12a215.htm
Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
12-11213
Catherine Barbara Chapman
Andrews Crabtree Knox & Andrews, LLP
PO BOX 12800
TALLAHASSEE, FL 32317-2800
Case: 12-11213 Date Filed: 08/27/2012 Page: 1 of 2
UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
ELBERT PARR TUTTLE COURT OF APPEALS BUILDING
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
John Ley Forrules and forms visit
Clerk of Court www.cal I uscoun.s.mn
August 15,2012
Neil J. Gillespie
8092 SW115TH LOOP
OCALA,FL 34481
Appeal Number: 12-11213-C; 12-11028-B
Case Style: Neil Gillespie v. Thirteenth Judicial Circuit, F, et al
District Court Docket No: 5:10-cv-00503-WTH-TBS
I am returning to you unfiled the papers which you have submitted. These cases are closed.
No action will be taken.
Sincerely,
JOHN LEY, Clerk of Court
Reply to: Walter Pollard/aw, C
Phone #: (404) 335-6186
PRO-3 Letter Returning Papers Unfiled
Case: 12-11213 Date Filed: 08/27/2012 Page: 2 of 2