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VIA Email dbriggs@circuit5.org and U.S.

Mail stamped

December 1, 2014

The Honorable Don F. Briggs, Chief Judge


Fifth Judicial Circuit Court Florida
Lake County Judicial Center
550 West Main Street/P.O. Box 7800
Tavares, FL 32778-7800
Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et al., Case No. 13-115-CAT
Marion County Circuit Court, Fifth Judicial Circuit, Florida
The Honorable Don F. Briggs, Chief Judge:
Please find enclosed my letter to Marion County Clerk David R. Ellspermann for a response to
unanswered questions about the compromised Marion County public online docket in my case.
Also enclosed is an unanswered, and unacknowledged, records request to Grace A. Fagan, Esq.,
General Counsel for the Fifth Judicial Circuit Court Florida.
I also require information about obtaining a court reporter make a verbatim record and transcript
of any hearings in this case. Kindly provide the forms to file in forma pauperis pursuant to,
57.082 Determination of civil indigent status; and 57.081 Costs; right to proceed where
prepayment of costs and payment of filing fees waived
I am disabled and require, inter alia, accommodation to participate in court hearings, and as
described in my communication to General Counsel Ms. Fagan. Kindly provide the necessary
forms and instructions for accommodation under the Americans with Disabilities Act (ADA).
I believe Marion County Clerk David R. Ellspermann and perhaps others have deprived me of
rights under color of law, against Title 18, U.S.C., Section 242, in the above captioned
foreclosure case. Deprivation of my rights under color of law has occurred in other Florida
courts related to public corruption. The Federal Bureau of Investigation (FBI) responded by
letter April 11, 2014 of Brian J. Nadeau, see attached. Mr. Nadeau forwarded the information to
the appropriate FBI Field Office with instructions for me to provide additional information.
Under Article V, Section 2(d), Fla. Const., the Chief Judge [S]shall be responsible for the
administrative supervision of the circuit courts and county courts in his circuit.. Under section
43.26, Florida Statutes, the Chief Judge shall exercise administrative supervision.
Thank you in advance for the courtesy of a response.
Sincerely,

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

Email: neilgillespie@mfi.net
Telephone: 352-854-7807

Enclosures

E-mail Service List December 1, 2014


RE: Letter to The Honorable Don F. Briggs, Chief Judge, Fifth Judicial Circuit Court Florida
RE: UNANSWERED QUESTIONS to Clerk Ellspermann: 10 day docket discrepancy
Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al., case no. 2013-CA-115.
Marion County Circuit Court, Fifth Judicial Circuit Florida
The Honorable Don F. Briggs, Chief Judge
Fifth Judicial Circuit Court Florida
Email: dbriggs@circuit5.org

The Honorable Hale R. Stancil


Marion County Circuit Court
Email: hstancil@circuit5.org

Greg White, Inspector General


Office of Inspector General, State Courts
whiteg@flcourts.org; Inspgenl@flcourts.org

Grace A. Fagan, Esq.


General Counsel 5th Judicial Circuit
Email: gracefagan@yahoo.com

David R. Ellspermann
Clerk of the Circuit Court, Marion County
Email: Ellspermann@marioncountyclerk.org

Katherine Piccin Glynn, Esq.


Counsel to the Clerk, Marion County
Email: KGlynn@marioncountyclerk.org

Mr. Curtis Wilson, Esq.


McCalla Raymer, LLC
Email: MRService@mccallaraymer.com

Ms. Jane Bond, Managing Partner


McCalla Raymer LLC
Email: jane.bond@mccallaraymer.com

Ms. Patricia Ann Toro Savitz


The Florida Bar
Email: psavitz@flabar.org

Ms. Robyn Katz, Managing Partner


McCalla Raymer LLC
Email: rrk@mccallaraymer.com

Mr. Barry R. Davidson (for Respondent)


Hunton & Williams LLP
Email: bdavidson@hunton.com

Mr. Jon M. Oden, Investigating Member


Ball Janik L.L.P.
Email: joden@balljanik.com

Mr. Robert J. Stovash, Chair


Stovash, Case & Tingley, P.A.
Email: rstovash@sctlaw.com

Mr. Frank H. Killgore Jr., Investigating Member


Killgore, Pearlman, Stamp, Ornstein & Squires
Email: fhkillgore@kpsos.com

Ms. Delilah Lugo, Litigation Hearing Department


McCalla Raymer, LLC
Email: dhl@mccallaraymer.com

Ms. Tameka Gordon, ADA Coordinator


Marion County, Fifth Judicial Circuit, Florida
Email: tgordon@circuit5.org

I certify that today December 1, 2014 I served the foregoing by email my PDF letter to The
Honorable Don F. Briggs, Chief Judge, Fifth Judicial Circuit Court Florida, and my PDF letter
to David R. Ellspermann, Clerk of the Circuit Court, Marion County, Fifth Judicial Circuit, FL.

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

Telephone: 352-854-7807
Email: neilgillespie@mfi.net

http://www.justice.gov/crt/about/crm/242fin.php

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DEPRIVATION OF RIGHTS UNDER COLOR OF


LAW
Summary:
Section 242 of Title 18 makes it a crime for a person acting under color
of any law to willfully deprive a person of a right or privilege protected
by the Constitution or laws of the United States.

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Enforcement

For the purpose of Section 242, acts under "color of law" include acts
not only done by federal, state, or local officials within the their lawful
authority, but also acts done beyond the bounds of that official's lawful
authority, if the acts are done while the official is purporting to or
pretending to act in the performance of his/her official duties. Persons
acting under color of law within the meaning of this statute include
police officers, prisons guards and other law enforcement officials, as
well as judges, care providers in public health facilities, and others who
are acting as public officials. It is not necessary that the crime be
motivated by animus toward the race, color, religion, sex, handicap,
familial status or national origin of the victim.

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TITLE 18, U.S.C., SECTION 242

Special Litigation
Voting

Robert Moossy
Chief

Whoever, under color of any law, statute, ordinance,


regulation, or custom, willfully subjects any person in any
State, Territory, Commonwealth, Possession, or District to
the deprivation of any rights, privileges, or immunities
secured or protected by the Constitution or laws of the United
States, ... shall be fined under this title or imprisoned not
more than one year, or both; and if bodily injury results from
the acts committed in violation of this section or if such acts
include the use, attempted use, or threatened use of a
dangerous weapon, explosives, or fire, shall be fined under
this title or imprisoned not more than ten years, or both; and
if death results from the acts committed in violation of this
section or if such acts include kidnaping or an attempt to
kidnap, aggravated sexual abuse, or an attempt to commit
aggravated sexual abuse, or an attempt to kill, shall be fined
under this title, or imprisoned for any term of years or for
life, or both, or may be sentenced to death.

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http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0043/Sections/0043.26.html

Select Year:

The 2014 Florida Statutes


Title V
JUDICIAL BRANCH

Chapter 43
COURTS: GENERAL PROVISIONS

View Entire Chapter

43.26
Chief judge of circuit; selection; powers.
(1) The chief judge of each judicial circuit, who shall be a circuit judge, shall exercise administrative
supervision over all the trial courts within the judicial circuit and over the judges and other officers of such
courts.
(2) The chief judge of the circuit shall have the power:
(a) To assign judges to any division of the court and to determine the length of the assignment;
(b) To regulate use of courtrooms;
(c) To supervise dockets and calendars;
(d) To require attendance of state attorneys, public defenders, clerks, bailiffs, and all other officers of the
court; and
(e) To do everything necessary to promote the prompt and efficient administration of justice in the courts
over which he or she is chief judge.
(f) To delegate to the trial court administrator, by administrative order, the authority to bind the circuit in
contract.
(g) To manage, operate, and oversee the jury system as provided in s. 40.001.
(3) The chief judge shall be responsible to the Chief Justice of the Supreme Court for such information as
may be required by the Chief Justice, including, but not limited to, caseload, status of dockets, and disposition
of cases in the courts over which he or she presides.
(4) Failure of any judge, clerk, prosecutor, public defender, or other officer of the court to comply with an
order or directive of the chief judge under this section shall constitute neglect of duty for which such officer
may be suspended from office as provided by law.
(5) There may be a trial court administrator who shall perform such duties as the chief judge may direct.
(6) The chief judge of each circuit is charged by s. 2(d), Art. V of the Florida Constitution and this section
with the authority to promote the prompt and efficient administration of justice in the courts over which he
or she is chief judge. The clerks of court provide court-related functions which are essential to the orderly
operation of the judicial branch. The chief judge of each circuit, after consultation with the clerk of court,
shall determine the priority of services provided by the clerk of court to the trial court. The clerk of court
shall manage the performance of such services in a method or manner that is consistent with statute, rule, or
administrative order.
History.s. 1, ch. 71-214; s. 1, ch. 77-119; s. 260, ch. 95-147; s. 65, ch. 2003-402; s. 30, ch. 2005-236.

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