kenneth wilson fla aag, records missing, petition no 12-7747

7/30/2019 Kenneth Wilson Fla AAG, Records Missing, Petition No 12-7747

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VIA U.P.S. No. 1Z64589FP294626428 May 16, 2013

and [email protected]

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. Rowlands 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:


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Kenneth V. Wilson, Assistant Attorney General May 16, 2013

Office of the Attorney General Page - 2

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 Courts 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 notifyingopposing 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.


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Fw: Gillespie v. 13th JCC, et al: US Supreme Court/Response DueDiana Esposito to: Kenneth Wilson 12/20/2012 01 :58 PMCc: Amanda Cavanaugh

History: This message has been forwarded.

Ken, herets the newest email from Sandy - now paralegal assistant to David Rowland ... DDiana R. EspositoChief-Assistant Attorney GeneralCivil Litigation BureauOffice of the Attorney General501 E. Kennedy Blvd, Suite 1100Tampa, FL 33602Tel: 813-233-2600, x110Fax: 813-233-2886----- Forwarded by Diana Esposito/OAG on 12/20/2012 01 :57 PM ----From: "Burge.Sandra" < b u r g e s ~ @ ' f l j u d 13.org>To: "[email protected]" Cc: "Rowland, Dave" , "Nauman, Chris" Date: 12/20/2012 12:51 PMSubject: Gillespie v. 13th JCC, et al: US Supreme Court/Response Due

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


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Legal Department800 East Twiggs Street, Suite 603Tampa, Florida 33602Telephone: (813) 272-6843~

.... Gillespie v. 13 JCC.USC.121220.pdf


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PAM BONDIATTORNEY GENERALSTATE OF FLORIDA

OFFICE OF THE ATTORNEY GENERALGeneral Civil Litigation - Tampa BureauKenneth V. WilsonAssistant Attorney General501 East Kennedy Blvd., Suite 1100Tampa, FL 33602Phone (813) 233-2880 Fax (813) 233-2886Kpnnp,II. i l ~ n n r D ) m v f l n r ; r l n l p p n l _ r n m

January 8,2013

David RowlandGeneral CounselAdministrative Office of the CourtsThirteenth Judicial Circuit of Florida800 East Twiggs Street, Suite 603Tampa, Florida 33602Re: Neil Gillespie v. Thirteenth Judicial Circuit et af.U.S. District Court: 5: 1O-cv-503-0c-l OTBS, 5: l1-cv-539

1J .S. Court of Appeals for the Eleventh Circuit: 12-11028, 12-11213lJ.S. Supreme Court Application, No. 2A215U.S. Supreme Court Petition, No. 12-7747

Dear Attorney Rowland:I have been assigned to review the recent tiling and notification from Plaintiff concerninghis Petition for Writ of Certiorari C'Petition") and Motion for Leave to Proceed In FormaPauperis ('"'Motion") before the United States Supreme C ~ o u r t , Docket No. 12-7747.PlaintitT's letter, as well as, the docket of Proceedings and Orders before the U.s.


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Fw: Gillespie v. 13th JCC, et al: US Supreme Court. No. 12.7747Kenneth Wi lson to: Mary Ann Robinson, Amanda Cavanaugh 01/08/201301:28 PMThis message is digitally signed.

Sincerely,Kenneth V. WilsonAssistant Attorney GeneralCivir Litigation Bureau - TampaOffice of the Attorney General501 E Kennedy Blvd., Suite 1100Tampa, Frorida 33602Tel: (813) 233-2880 ext. 712Fax: (813) 233-2886E-mail: [email protected]

----- Forwarded by Kenneth Wilson/OAG on 01/0812013 01 :28 PM ----From: "Rowland, Dave" To: Kenneth Wilson Date: 01/08/2013 01 :16 PMSubject: RE: Gillespie v. 13th JCC, et al: US Supreme Court, No. 12.7747

Mr. Wilson:Thanks for your letter and your advice. We plan to follow your advice and w o n ~ take anyaction. I'll alert you if anything changes on our end.


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Please find attached my advice regarding Gillespie's recent Petition for Writ of ~ e r t i o r a r i before the United State Supreme Court. I do not advise or recommend any action. Pleasedo not hesitate to contact me for any questions or concerns, If desired, I can easily meetwith you to discuss any issues concerning this matter. Thank you - ken(See attached file: Ltr.Rowland.130108.pdf)Sincerely,Kenneth V. WilsonAssistant Attorney GeneralCivil Litigation Bureau - TampaOffice of the Attorney General501 E Kennedy Blvd., Suite 1100Tampa, Florida 33602Tel: (813) 233-2880 ext. 712Fax: (813) 233-2886

E-mail: [email protected] Ltr.Rowland.13010B.pdf

UPS: Tracking Information https://wwwapps ups com/WebTracking/processPOD?lineData=Tampa^


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Proof of Delivery

Tracking Number: 1Z64589FP297520287

Service: UPS GroundWeight: 1.00 lb

Shipped/Billed On: 12/10/2012

Delivered On: 12/11/2012 10:55 A.M.

Delivered To: 800 E TWIGGS STTAMPA, FL, US 33602

Signed By: DAVIS

Left At: Front Desk

Print This Page

Close Window

Dear Customer,

This notice serves as proof of delivery for the shipment listed below.

Thank you for giving us this opportunity to serve you.

Sincerely,

UPS

Tracking results provided by UPS: 05/13/2013 7:43 P.M. ET

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UPS: Tracking Information https://wwwapps.ups.com/WebTracking/processPOD?lineData Tampa ...

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Track View Tracking History

Trackin g Detail A A AHelpPrint

1Z64589FP297520287

Updated: 05/11/2013 8:37 P.M. Eastern Time

Delivered

Request Status Updates

Repor t a Claim

Addi ti onal In fo rmat ion


Type: Package

Weight: 1.00 lb

Shipment Progress What's This?

Delivered On:

Tuesday, 12/11/2012 at 10:55 A.M.

Left At:

Front Desk

Signed By:

DAVIS

Proof of Delivery

Shipping Information

To:

800 E TWIGGS ST

TAMPA, FL, 33602, US

Shipped By

UPS Groun d

UPS My Choic e

UPS My Choice Help

Add Description

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My UPS Shipping Tracking Freight Locations Support UPS Solutions

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Neil Gillespie

From: "UPS Quantum View" To:

Sent: Tuesday, December 11, 2012 11:37 AMSubject: UPS Delivery Notification, Tracking Number 1Z64589FP297520287

Page 1 of 2

UPS My Choicecan help you avoidmissed homedeliveries.

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***Do not reply to this e-mail. UPS and Neil J .Gillespie will not receive your reply.

At the request of Nei l J. Gil lespie, this noticeis to confirm that the following shipment hasbeen delivered.

Important Delivery Information

Delivery Location: FRONT DESKSigned by: DAVIS

Shipment Detail

Ship To:


Delivery Date /Time:

11-December-2012 / 10:55AM

Page 2 of 2


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2012 United Parcel Service of America, Inc. UPS, the UPS brandmark, and the color brown are trademarks ofUnited Parcel Service of America, Inc. All rights reserved.For more information on UPS's privacy practices, refer to the UPS Privacy Policy.Please do not reply directly to this e-mail. UPS will not receive any reply message.

For questions or comments, visit Contact UPS.

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Track Log-In for additional tracking details.


1Z64589FP297520287 Updated: 12/11/2012 8:17 A.M. Eastern Time

On Vehicle fo r Delivery Today

Change Delivery




Type: Package

Weight: 1.00 lb


Scheduled Delivery:

Tuesday, 12/11/2012, By End of Day

Last Location:

Tampa, FL, United States, Tuesday, 12/11/2012

Location DateLocal

TimeAct ivi ty

Tampa, FL, United States 12/11/2012 6:58 A.M. Out For Delivery

12/11/2012 3:30 A.M. Arrival Scan

Orlando, FL, United States 12/11/2012 2:30 A.M. Departure Scan

Orlando, FL, United States 12/10/2012 11:46 P.M. Arrival Scan

Ocala, FL, United States 12/10/2012 9:24 P.M. Departure Scan

12/10/2012 7:11 P.M. Origin Scan

United States 12/10/2012 5:59 P.M. Order Processed: Ready for UPS


To: TAMPA, FL, US

Shipped By

UPS Groun d


United States | Contact UPS | The UPS Store Search New User | Log-In

g g

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13/26

Neil Gillespie


Sent: Monday, December 10, 2012 6:14 PMSubject: UPS Ship Notification, Tracking Number 1Z64589FP297520287

g


Learn More

This message was sent to you at the request of

Neil J . Gillespie to notify you that the electronicshipment information below has been transmittedto UPS. The physical package(s) may or may nothave actually been tendered to UPS for shipment.To verify the actual transit status of yourshipment, click on the tracking link below orcontact Neil J . Gillespie directly.


Scheduled Delivery: 11-December-2012

Shipment Detail

Ship To:David A. Rowland, Court CounselThirteenth J udicial Circuit Florida800 E. Twiggs Street, Suite 603

Page 2 of 2


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____2@@2@@2aoNk9CH____

2012 United Parcel Service of America, Inc. UPS, the UPS brandmark, and the color brown are trademarks ofUnited Parcel Service of America, Inc. All rights reserved.For more information on UPS's privacy practices, refer to the UPS Privacy Policy.Please do not reply directly to this e-mail. UPS will not receive any reply message.For questions or comments, visit Contact UPS.

This communication contains proprietary information and may be confidential. If you are not the intended recipient,the reading, copying, disclosure or other use of the contents of this e-mail is strictly prohibited and you are instructedto please delete this e-mail immediately.

Privacy NoticeContact UPS

UPS: Tracking Information https://wwwapps.ups.com/WebTracking/processPOD?lineData=Tampa ...


15/26

Proof of Delivery


Service: UPS GroundWeight: 1.00 lb


Delivered On: 12/18/2012 10:44 A.M.

Delivered To: 800 E TWIGGS STTAMPA, FL, US 33602

Signed By: DAVIS

Left At: Front Desk

Print This Page

Close Window

Dear Customer,

This notice serves as proof of delivery for the shipment listed below.

Thank you for giving us this opportunity to serve you.

Sincerely,

UPS

Tracking results provided by UPS: 05/13/2013 7:45 P.M. ET

Close Window

UPS: Tracking Information https://www.ups.com/WebTracking/returnToDetails?loc=en_US


16/26

Track View Tracking History


1Z64589FP291778029

Updated: 05/11/2013 10:20 P.M. Eastern Time

Delivered


Repor t a Claim



Type: Package

Weight: 1.00 lb


Delivered On:

Tuesday, 12/18/2012 at 10:44 A.M.

Left At:

Front Desk

Signed By:

DAVIS

Proof of Delivery


To:

800 E TWIGGS ST

TAMPA, FL, 33602, US

Shipped By

UPS Groun d

UPS My Choic e

UPS My Choice Help

Add Description

Subsc ribe to UPS E-mail: Modify E-mail Preferences View Examples Site Feedback


United States | Contact UPS | The UPS Store Search Welcome, Neil J. Gillespie | Logout


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Page 2 of 2


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UPS: Tracking Information http://wwwapps.ups.com/WebTracking/processRequest?HTMLVersion=5...


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Track Log-In for additional tracking details.


1Z64589FP291778029 Updated: 12/17/2012 10:39 P.M. Eastern Time

In Transit: On Tim eBusiness

Day(s) Left1

Change Delivery




Type: Package

Weight: 1.00 lb


Scheduled Delivery:

Tuesday, 12/18/2012, By End of Day

Last Location:

Departed - Ocala, FL, United States, Monday, 12/17/2012

Location DateLocal

TimeAct ivi ty

Ocala, FL, United States 12/17/2012 9:36 P.M. Departure Scan

12/17/2012 5:38 P.M. Pickup Scan

12/17/2012 5:18 P.M. The shipment has been dropped off and is now at The UPS Store.

United States 12/17/2012 4:44 P.M. Order Processed: Ready for UPS


To: TAMPA, FL, US

Shipped By

UPS Groun d

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Neil Gillespie


Sent: Monday, December 17, 2012 5:04 PMSubject: UPS Ship Notification, Tracking Number 1Z64589FP291778029


Learn More

This message was sent to you at the request of

Neil J . Gillespie to notify you that the electronicshipment information below has been transmittedto UPS. The physical package(s) may or may nothave actually been tendered to UPS for shipment.To verify the actual transit status of yourshipment, click on the tracking link below orcontact Neil J . Gillespie directly.


Scheduled Delivery: 18-December-2012

Shipment Detail

Ship To:

David A. Rowland, Court CounselThirteenth J udicial Circuit Florida800 E. Twiggs Street, Suite 603

Page 2 of 2


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____2@@2@@2Nohb1Ko____



Drop-Of f Package Receipt: 1 of 1


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I

THIS IS NOT SHIPPING L ~ B E L . P L E ~ S E S ~ V E FOR YOUR RECORDS.DROP-OFF L O C ~ T I O N : DROP-OFF D ~ T E / T I M E : The UPS Store #5520 Man 17 Dec 2012 5:18 PM11100 SW 93 COURT RDSTE 10 E S T I M ~ T E D PICKUP D ~ T E : (352) 402-0099 UPS Man 17 Dec 2012 3 pkgsCUSTOMER:Not ProvidedID Type: Not Provided T O T ~ L P ~ C K A G E S : 3 pkgsTRACKING NUMBER CARRIER & SERVICE wt(lbs)1Z64589FP291778029 UPS Ground 0.1001Z64589FP290805241 UPS Ground o 1001Z64589FP294720432 UPS Ground o 100

T h i s r ece i p * 1 i s*s each package r e c e iv e d by Th e UPS S * o r e 115520 an di n d i c a * e s *ha* *he in forma*ion fo r each package h as been *ransmi**ed *0 eachc ar r ier's da*a sys*em T h i s r ece i p * is no * co n f i rma* io n *ha* *he ca r r i e r ha spicked up *h e packages To ve r if y when an d if a package ha s been p i ck ed up ,en*er o ne o f *h e fo 11 owing we b a d d r e sse s i n your browse r an d en * e r *h e* rack in g numbers 1 i s * ed above .h * * p : / / * h eu p s s * o r e . co m ( se l e c * T r ack i n g , *hen en*er Tracking II)h**p: / /mbe .com ( se l e c * T r ack i n g , *hen en*er Tracking II)You acknowledge *ha* *he shipmen* se rv i c e s p r o v i d ed by Th e UPS S * o r e 115520f o r *h e 1 i s * ed p ack ag es a r e s u b j ec* *0 an d governed by each Ca r r ie rAgreemen*, if a pp l i c a b l e , *he R a*es and Se r v i c e Guide fo r each c a r r i e r , an d*h e * a r i f f i n e f f e c * a* *he *ime of sh ipmen*.

HOLIDAY RETURNS?L E ~ V E THE P ~ C K I N G SHIPPING TO US,WITH A VARIETY SHIPPING OPTIONS ~ I N D ONE THAT ~ I T S .

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SEE NOnCE ON REVERSE regarding UPS Terms. and notice of limitation of \lability.Where allowed by Jaw, shipper authorizes UPS to act as forwarding agent for exPOrt control an"customs purposes. If exported from the US. shipppercertlfies that tlrecommodlttes. technology orsoftware expprted from theUS In accordancewlth the Export AdmlDlstratiorf Regulatlom. Divers/on tontrarylolaw Is prohibited:


23/26

Supreme Court of the United StatesOffice of the Clerk

Washington, DC 20543-0001William K. SuterClerk of the Court(202) 479-3011December 14, 2012

Mr. Neil J. Gillespie8092 SW 115th LoopOcala, FL 34481

Re: Neil J. Gillespiev. Thirteenth Judicial Circuit, et aleNo. 12-7747

Dear Mr. Gillespie:The petit ion for a writ of certiorari in the above entitled case was filed onDecember 10, 2012 and placed on the docket December 14, 2012 as No. 12-7747.A form is enclosed for notifying opposing counsel that the case was docketed.

Sincerely,


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Supreme Court of the United States

Neil J. Gillespie(Petitioner)v. No. 12-7747

Thirteenth Judicial Circuit, et ale(Respondent)

To Counsel for Respondent:

NOTICE IS HEREBY GIVEN pursuant to Rule 12.3 that a petition for a writ ofcertiorari in the above-entitled case was filed in the Supreme Court of the United Stateson December 10, 2012, and placed on the docket December 14, 2012. Pursuant to Rule15.3, the due date for a brief in opposition is Monday, January 14, 2013. If tile due dateis a Saturday, Sunday, or federal legal holiday, the brief is due on the next day that is nota Saturday, Sunday or federal legal holiday.

Unless the Solicitor General of the United States represents therespondent, a waiver form is enclosed and should be sent to the Clerk only inthe event you do not intend to file a response to the petition.


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WAIVER Supreme Court of the United States

No. 12-7747Neil J. Gillespie v. Thirteenth Judicial Circuit, et al.(petitioner) (Respondents)

I DO NOT INTEND TO FILE A RESPONSE to the petition for a writ of certiorari unlessone is requested by the Court.Please check one of the following boxes:o Please enter my appearance as Counsel of Record for all respondents.o There are multiple respondents, and I do not represent all respondents. Please enter myappearance as Counsel of Record for the following respondent(s):

I certify that I am a member of the Bar of the Supreme Court of the United States (Pleaseexplain name change since ba r admission):Signature _Date: _

(Type or print) Name _


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kenneth wilson fla aag, records missing, petition no 12-7747

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