Monday, June 3, 2013

David Rowland misled Florida AG, SCOTUS Petition

David A Rowland
May 16, 2013

VIA U.P.S. No. 1Z64589FP294626428                     
and kenneth.wilson@myfloridalegal.com

Kenneth V. Wilson, Assistant Attorney General
Civil Litigation Bureau -Tampa
Office of the Attorney General
501 E Kennedy Blvd., Suite 1100
Tampa, Florida 33602

RE: Missing Public Records, Gillespie v. Thirteenth Judicial Circuit, Florida, et al. Petition No. 12-7747 for Writ of Certiorari, Supreme Court of the United States

Dear Mr. Wilson:

So sorry to see you got duped by court counsel David Rowland and paralegal Sandra Burge, who misrepresented to you that I did not provide Mr. Rowland a copy of Petition No. 12-7747. That must explain why the petition was not among the 323 pages of public records provided by your office that arrived here in Ocala May 9, 2013 in response to my records request.

An email (Exhibit 1) from Mr. Rowland’s paralegal Sandra Burge to Chief Assistant Attorney General Diana R. Esposito 12/20/2012 at 12:51 PM, Cc to David Rowland and Chris Nauman, advanced this material falsehood, which Ms. Esposito sent to you, Cc to Amanda Cavanaugh:

The Plaintiff's Notice of Filing the petition for writ of certiorari was received in the Legal Department's Office on 12/18/12 is attached as well as the Court's docket indicating a response is due, if needed, by January 14, 2013. Neither a copy of the petition nor "separate Volume Appendices" accompanied the Notice.

A letter (Exhibit 2) emailed by you January 8, 2013 repeated the falsehood back to Mr. Rowland:

           While Plaintiff did not provide a copy of his Petition....

On December 10, 2012 I served Mr. Rowland per Rule 29, proof of service, the following:

1.   Petition for writ of certiorari to the Supreme Court of the United States,
2.   Rule 39 motion for leave to proceed in forma pauperis
3.   Rule 29 proof of service, December 10, 2012
4.   Compact Disk (CD) containing PDF files of the separate volume appendices.
5.   My cover letter to the Clerk of the U.S. Supreme Court, December 10, 2012

United Parcel Service (UPS) tracking 1Z64589FP297520287 shows delivery December 11, 2012 at 10:55 AM to the Thirteenth Judicial Circuit, 800 E. Twiggs Street, Tampa, Florida 34481. FYI, all UPS ground shipping within Florida is delivered next day, unless shipped on Friday.

The UPS proof of delivery for 1Z64589FP297520287 December 11, 2012 shows "DAVIS" at the front desk signed for the delivery, and shows an image of the signature "D. Davis". A seven (7) page composite of the UPS proof of delivery and tracking documents is enclosed. (Exhibit 3).

The document referred to by Ms. Burge in her deceptive email to Ms. Esposito was a Rule 12.3 notice, and notice of waiver to file a response, delivered December 18, 2012 at 10:44 AM to the Thirteenth Judicial Circuit. Unfortunately Ms. Burge, Mr. Rowland, and Mr. Nauman failed to inform you that my petition was delivered a week earlier, December 11, 2012 at 10:55 AM.

The Thirteenth Circuit gang further mislead you by providing you my December 10, 2012 cover letter to the Clerk of the Supreme Court which they date-stamped December 18, 2012, when this letter was in fact a second courtesy copy of the one received by Rowland December 11, 2012 but does not appear date-stamped as such in the records your office provided me May 9, 2013.     

Enclosed you will find evidence showing I served by UPS the Rule 12.3 notice, and notice of waiver to Mr. Rowland December 17, 2012 tracking no. 1Z64589FP291778029, which was delivered December 18, 2012 at 10:44 AM, to the Court’s address, 800 E. Twiggs Street, Tampa, Florida. The UPS proof of delivery shows "DAVIS" at the front desk signed for the delivery. A composite of the UPS proof of delivery and tracking documents is enclosed. (Exhibit 4).

The Supreme Court sent me three (s) sets of Rule 12.3 notices, and notices of waiver to file a response, December 14, 2013 after my petition was docketed, with instructions for notifying opposing counsel(s) that the case was docketed. (Exhibit 5).

You have my sympathy for any embarrassment caused by the deception of Mr. Rowland and his accomplices, that caused an inaccurate letter to issue from the Office of the Attorney General falsely implying I did not provide a copy of my petition to Mr. Rowland. (Exhibit 2).

Enclosed you will find my records request to Mr. Rowland intended to correct the record. If and when I get an accurate response back, I will provide you the correct date-stamped petition for inclusion in the record showing it was received by Mr. Rowland December 11, 2012.

Until then you can find Petition No. 12-7747 online at the link below. Thank you.  http://nosueorg.blogspot.com/2012/12/petition-for-writ-of-certiorari-to.html

Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Enclosures

cc: Gov. Rick Scott, via U.P.S. No. 1Z64589FP290544836
cc: Attorney General Pam Bondi, via U.P.S. No. 1Z64589FP294245643

Email to: Gov. Scott, AG Bondi, AAG Esposito, ABA service list; Florida Bar service list; Mr. Anderson, Chair, Thirteenth Circuit JNC; Sixth Circuit Grievance Committee "D", Thirteenth Circuit BOG, David Rowland, K. Christopher Nauman, Sandra Burge.

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