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2D10-5529, Petitioners Reply to Mootness, Disolve Garnishment

2D10-5529, Petitioners Reply to Mootness, Disolve Garnishment

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Published by Neil Gillespie
5. Judge Cook's unlawful conduct toward Petitioner was so extreme that it has
compromised the services of the Hillsborough County Sheriffs Office (HCSO). Bailiffs
from the HCSO ensure the safety and the dignity of the court, maintain the security of the jury, protect courtroom personnel and the public, assist witnesses and litigants, and have custody and transportation of all prisoners. HCSO Colonel James D. Previtera is responsible for courthouse security as part of the Department of Detention Services. The Court Operations Division is under the command of HCSO Major James Livingston.

6. Judge Cook falsified official records relative to matters involving the HCSO and
Petitioner, specifically the medical treatment of Petitioner's panic attack on July 12, 2010 and Judge Cook's removal of Petitioner from a hearing September 28, 2010. See Exhibit 8 to the Petition, Plaintiffs Notice of Filing Affidavits, 1. Affidavit of Neil J. Gillespie, October 28, 2010, Judge Martha J. Cook, falsified record of Gillespie's panic attack; ADA, and 3. Affidavit of Neil J. Gillespie, October 28, 2010, Judge Martha J. Cook ordered Gillespie removed from the hearing of September 28,2010, and accused Gillespie in open court of feigning illness; ADA
5. Judge Cook's unlawful conduct toward Petitioner was so extreme that it has
compromised the services of the Hillsborough County Sheriffs Office (HCSO). Bailiffs
from the HCSO ensure the safety and the dignity of the court, maintain the security of the jury, protect courtroom personnel and the public, assist witnesses and litigants, and have custody and transportation of all prisoners. HCSO Colonel James D. Previtera is responsible for courthouse security as part of the Department of Detention Services. The Court Operations Division is under the command of HCSO Major James Livingston.

6. Judge Cook falsified official records relative to matters involving the HCSO and
Petitioner, specifically the medical treatment of Petitioner's panic attack on July 12, 2010 and Judge Cook's removal of Petitioner from a hearing September 28, 2010. See Exhibit 8 to the Petition, Plaintiffs Notice of Filing Affidavits, 1. Affidavit of Neil J. Gillespie, October 28, 2010, Judge Martha J. Cook, falsified record of Gillespie's panic attack; ADA, and 3. Affidavit of Neil J. Gillespie, October 28, 2010, Judge Martha J. Cook ordered Gillespie removed from the hearing of September 28,2010, and accused Gillespie in open court of feigning illness; ADA

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Categories:Types, Business/Law
Published by: Neil Gillespie on Jun 13, 2013
Copyright:Attribution Non-commercial

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09/20/2013

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IN
THE
DISTRICT COURT OF APPEAL OF THE
STATE
OFFLORIDA
SECOND DISTRICTNEIL J. GILLESPIEPlaintifflPetitioner,Case No.:
2010-5529
Lower Court Case
No.
05-CA-007205vs.BARKER,
RODEMS
&
COOK,
PA
a Florida Corporation; and WILLIAM J. COOK,CIRCUIT
COURT
JUDGE MARTHA J. COOK,Defendants/Respondent.
_______________
----:1
R
EC
E
I~ED
Ute
08
2010
CLERK
DISTRICT
COURT
OF
A?PM~
SECOND
DISTRICT
REPLY
TO
RESPONDENT'S SUGGESTION OF MOOTNESS AND
MOTIONFOR
LEAVE
TO
AMEND PETITION FOR WRIT
OF
PROHIBITION,
and
MOTION
FOR
DISSOLUTION OF WRIT
OF
GARNISHMENT
Petitioner replies to Respondents' "Response And Suggestion
Of
Mootness
To
Petitioner's "Verified Emergency Petition For Writ
Of
Prohibition"
and
states:
1.
Judge
Cook
recused sua sponte November 18,2010. Thereupon the
Clerk
of
the
Circuit Court reassigned the case to the Honorable James D. Arnold. A
copy
of
theClerk's
notice is attached
as
Exhibit
1.
2.
The
reassignment
of
the case to Judge Arnold does not remedy the conflictbetween the Petitioner
and
the Thirteenth Judicial Circuit, Florida,
andCourtCounsel
David
Rowland's
behind the scene control
of
judges and the
ADA
coordinator described
in
the
Petition
in
paragraphs 3, 4, 5 and 6. The reassignment to Judge Arnold
does
notremedy the
Court's
denial
of
Petitioner's ADA accommodations. Therefore
the
Petition
should
be
amended
to
include all judges
of
the Thirteenth Judicial Circuit, Florida,
and
 
the case should be reassigned to the Circuit Court
of
Marion County where Petitionerresides,
or
removed to federal court with Gillespie
v.
Thirteenth Judicial Circuit, Florida,et aI., case no.: 5:10-cv-00503, US District Court, Middle District
ofFL,
Ocala Division.3. Judge Cook issued an Order Prohibiting Plaintiff From Appearing Pro Se, signedNovember 15, 2010. (See Exhibit 35, Notice
of
Filing Supplemental Information InVerified Emergency Petition For Writ
of
Prohibition). In doing so Judge
Cook
failed togive Petitioner an opportunity to provide a response, which was due November 24, 2010.In essence Judge Cook violated her own Order To Show Cause Why Plaintiff Should
Not
Be Prohibited From Appearing Pro Se
of
November 4, 2010. The Order states:"It is therefore
ORDERED
that Plaintiff
SHALL RESPOND
to the motion, inwriting, within twenty days
of
the date
of
this order and
SHOW
CAUSE,
if
any,why the Clerk
of
Court should not be instructed to reject for filing any futurepleadings, petitions, motions
or
other documents which he submits for filingunless they are signed by a nlember
of
The Florida Bar. Failure to file a timelyresponse to the motion may result in its being granted."As set forth in the
Petition
in paragraph 7, Judge Cook's unlawful conduct towardPetitioner is so extreme as to discourage counsel from representing him. Judge
Cook
hasnow prohibited Petitioner from proceeding pro
see
Plaintiffs
Motion For Reconsideration4. Under Rule 2.330(h), Fla.R.Jud.Admin., prior factual
or
legal rulings may bereconsidered and vacated
or
amended by a successor judge based upon a motion forreconsideration. Five motions to disqualify Judge Martha J. Cook were filed and theJudge recused sua sponte November 18, 2010. The recusal should be treated as aPage -2
 
disqualification under Rule 2.330(h). Accordingly Petitioner filed
Plaintiffs
Motion ForReconsideration in the Circuit Court December
7,
2010. (Exhibit 2).Hillsborough County Sheriffs Office
5.
Judge Cook's unlawful conduct toward Petitioner was so extreme that it hascompromised the services
of
the Hillsborough County
Sheriffs
Office (HCSO). Bailiffsfrom the HCSO ensure the safety and the dignity
of
the court, maintain the security
of
thejury, protect courtroom personnel and the public, assist witnesses and litigants, and havecustody and transportation
of
all prisoners. HCSO Colonel James
D.
Previtera isresponsible for courthouse security as part
of
the Department
of
Detention Services. TheCourt Operations Division is under the command
ofHCSO
Major James Livingston.
6.
Judge Cook falsified official records relative to matters involving the HCSO andPetitioner, specifically the medical treatment
of
Petitioner's panic attack on July 12, 2010and Judge Cook's removal
of
Petitioner from a hearing September 28, 2010. See Exhibit8 to the
Petition,
Plaintiffs Notice
of
Filing Affidavits,
1.
Affidavit
of
Neil
J.
Gillespie,October 28, 2010,
Judge Martha
J.
Cook, falsifiedrecord
of
Gillespie'spanic attack;ADA,
and
3.
Affidavit
of
Neil
J.
Gillespie, October 28, 2010,
Judge Martha
J.
Cookordered Gillespie removedfrom the hearing
of
September
28,2010,
and
accusedGillespie in open court offeigning illness;
ADA
7.
Petitioner contacted HCSO Colonel James
D.
Previtera about the matters in theprevious paragraph and has not received a response. Petitioner filed
Plaintiffs
Notice
Of
Filing Fax And Letters To HSCO And Dale Bohner, Legal Counsel To The Clerk,November 8, 2010 (Exhibit 3) that shows the following with Col. Previtera:Page -3

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