Notice of Appeal; ChatGPT vs. US Magistrate Judge

Notice of Appeal and ChatGPT vs. US Magistrate Judge

This case shows how ChatGPT is superior to a ruling by a U.S. Magistrate Judge. ChatGPT evaluated my amended complaint (Doc 10) in a matter of minutes, instead of 92 days it took to get an Order on November 12, 2025 from U.S. Magistrate Judge Philip R. Lammens. The Special Election was over by the time Magistrate Lammens got around to doing his job. This is the timeline relative to the Special Election that affected every voter in the City of Ocala: 

August 12, 2025, First Amended Complaint (Doc 10) filed
September 16, 2025, Special Election, City of Ocala
November 12, 2025, Magistrate Order (Doc 14) filed

Magistrate Lammens' Order (DOC 14) was entered on November 12, 2025, which is 96 days after the Complaint (DOC 1) was filed on August 8, 2025, and 92 days after the Amended Complaint (DOC 10) was filed on August 12, 2025.

Magistrate Lammens' Order (DOC 14) was entered 57 days after the Special Election held September 16, 2025 in the City of Ocala, Florida.
 
The docket in case no. 5:25-cv-486-SPC-PRL shows I filed a Notice of Appeal (Doc 18) on February 12, 2026 to the U.S. Eleventh Circuit Court of Appeals. My Notice of Filing (Doc 21) states on page 5, paragraph 12, and Exhibit 2: 

12. On January 11, 2026, ChatGPT evaluated my amended complaint in a matter of minutes and produced the evaluation appearing at Exhibit 2. This evaluation was made without cost. A U.S. Judge is currently paid $249,900 annually. A public notice for the appointment of a U.S. Magistrate Judge in the Middle District of Florida shows an annual salary is $229,908.

In my view Magistrate Lammens engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts. (28 U.S.C. § 351).

The office of United States magistrate judge was established by the Federal Magistrates Act of 1968 (Wikipedia). Magistrate judges assist federal judges. "Although they serve on federal courts, U.S. magistrate judges are not considered "federal judges" under Article Three of the United States Constitution. They do not have life tenure, and they are not nominated by the President and confirmed by the Senate. Magistrate judges are appointed by a majority vote of the federal district judges of a particular district and serve terms of eight years if full-time, or four years if part-time, and may be reappointed.[1] As of March 2009 there were 517 full-time and 42 part-time authorized magistrate judgeships, as well as one position combining magistrate judge and clerk of court." (Wikipedia). Also see 28 U.S. Code Chapter 43 Part III - United States Magistrate Judges.

"…decisions of a magistrate judge are subject to review and either approval, modification or reversal by a district judge of that court – except in civil cases where the parties consent in advance to allow the magistrate judge to exercise the jurisdiction of the district judge, and in which case appeals from the decision of the magistrate judge are heard by the United States courts of appeals." (Wikipedia)

The docket in case no. 5:25-cv-486-SPC-PRL shows my Notice of Appeal, and the following: 

Feb-12-2026: NOTICE OF APPEAL (Doc 18) as to 17 Notice to Counsel of Local Rule, 16 Order Dismissing Case, by Neil Joseph Gillespie. Filing fee not paid. ***Case Stayed. (MGB) (Entered: 02/12/2026)

Feb-12-2026: MOTION to Appeal In Forma Pauperis (Doc 19) by Neil Joseph Gillespie. (MGB) (Entered: 02/12/2026)

Feb-13-2026: TRANSMITTAL (Doc 20) of initial appeal package to the U.S. Court of Appeals - 11th Circuit re 18 Notice of Appeal. In Forma Pauperis Motion filed. (MSN) (Entered: 02/13/2026)

Feb-19-2026: ***11th Circuit Case Number: 26-10492 for 18 Notice of Appeal filed by Neil Joseph Gillespie. (LMF) (Entered: 02/19/2026)

Feb-27-2026: APPEAL FEES Paid by Neil Joseph Gillespie (Filing fee $605.00, Receipt Number OCA-14375). (KLS) (Entered: 02/27/2026)

Feb-27-2026: NOTICE of Filing (Doc 21) by Neil Joseph Gillespie. (Attachments: # 1 Exhibit 1-11)(MGB) (Entered: 03/02/2026)

Endorsed Order and Notice of a Local Rule 1.11(e) to seal the case on the docket

The docket in case no. 5:25-ca-486-SPC-PRL shows an Endorsed Order on January 13, 2026 signed by U.S. Judge Chappell, and a Notice of Local Rule 1.11(e) to seal the case on the docket signed by Deputy Clerk JTM: 

Doc 16: ENDORSED ORDER. Plaintiff has filed a Notice of Voluntary Dismissal Without Prejudice (Doc. 15). The Notice is self-executing. See Fed. R. Civ. P. 41(a)(1)(A)(i). Accordingly, the Clerk is now DIRECTED to deny all pending motions as moot, terminate any deadlines, and close the case. Signed by Judge Sheri Polster Chappell on 1/13/2026. (JMM) (Entered: 01/13/2026)

Doc 17: NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (JTM) (Entered: 01/13/2026)

Why does the Court want to seal case no. 5:25-ca-486-SPC-PRL on the docket?

Magistrate Order (Doc 14), Plaintiff's Rule 41 Notice of Voluntary Dismissal Without Prejudice (Doc 15)

On December 11, 2025, I filed Plaintiff's Rule 41 Notice of Voluntary Dismissal Without Prejudice (Doc 15) in case no. 5:25-cv-486-SPC-PRL, in response to the Magistrate Order (Doc 14). My Notice of Voluntary Dismissal states in part, by paragraph:

6. On November 12, 2025, Magistrate Lammens entered a 15 page Order (DOC 14) concluding as follows: 

(1) Plaintiff’s Amended Motion to Proceed in Forma Pauperis (Doc. 3) is TAKEN UNDER ADVISEMENT. Plaintiff shall file a second amended complaint on or before December 12, 2025. The second amended complaint must comply with all pleading requirements contained in Rules 8, 9, 10, and 11 of the Federal Rules of Civil Procedure and those contained in the Local Rules of the Middle District of Florida. Failure to comply with this Order may result in a recommendation that this action be dismissed for failure to prosecute.

(2) Plaintiff’s Motion to Proceed in Forma Pauperis (Doc. 2) is DENIED as moot, in light of the filing of the Amended Motion to Proceed in Forma Pauperis (Doc. 3).

7. Magistrate Lammens' Order (DOC 14) was entered on November 12, 2025, which is 96 days after the Complaint (DOC 1) was filed on August 8, 2025, and 92 days after the Amended Complaint (DOC 10) was filed on August 12, 2025.    

8. Magistrate Lammens' Order (DOC 14) was entered 57 days after the Special Election held September 16, 2025 in the City of Ocala, Florida. 

9. Therefore, the facts pled in paragraph 7 and paragraph 8 show a prima facia case that Judge Chappell and Magistrate Lammens engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts, in violation of 28 U.S.C. § 351. This violation alone should result in their removal from office.

10. Previously Magistrate Lammens was rejected January 3, 2017 by the U.S. Senate on his nomination April 28, 2016 to be U.S. District Judge for the Northern District of Florida, to fill a vacancy of U.S. Judge John Richard Smoak. On May 29, 2015, all of Judge Smoak's cases were reassigned to other judges by an administrative order issued by Chief Judge M. Casey Rodgers. The record in this case shows the U.S. Senate was justified in rejecting Lammens' nomination. 

My Notice of Voluntary Dismissal Without Prejudice (Doc 15) was accompanied by three exhibits: 

EXHIBIT 1: U.S. Department of Justice complaint by Neil J. Gillespie alleging U.S. Judge Sheri Polster Chappell and U.S. Magistrate Judge Philip R. Lammens violated 18 U.S.C. § 241, Conspiracy against rights, submission number 665324-SWD.
 
EXHIBIT 2: NEIL JOSEPH GILLESPIE v. STATE OF FLORIDA 
Florida Fifth Judicial Circuit, Marion County

DEFENDANT'S NOTICE OF PROSECUTORIAL MISCONDUCT 
CASE 2020-CF-2417
Filing # 233696032 E-Filed 10/15/2025 01:27:16 PM

EXHIBIT 3: Tim Reagan, Federal Judicial Center, February 20, 2025: (Exhibit 3a)

This report compiles local rules and procedures in the ninety-four district courts on electronic filing by self-represented litigants. More than two thirds of the courts permit self-represented litigants to use the court’s electronic filing system at least on a case-by-case basis. Twenty-nine courts (31%) generally prohibit electronic filing by self-represented litigants. The Northern District of Texas generally requires it. Ten other courts (11%) generally permit it. The remaining fifty-four courts (57%) permit self-represented litigants to request permission to use the electronic filing system. (Exhibit 3b)

A 2022 report included a survey of rules and procedures and interviews with court staff in a selection of appellate, district, and bankruptcy courts: Federal Courts’ Electronic Filing by Pro Se Litigants. (Exhibit 3c) 

DS-DE COMPLAINT OF ELECTION FRAUD Wesley Wilcox, Marion County Supervisor of Elections

DS-DE COMPLAINT OF ELECTION FRAUD Wesley Wilcox, Marion County Supervisor of Elections, OECS@DOS.FL.GOV

Emailed November 24, 2025 at 07:22 PM EST 

To Whom It May Concern:

Attached you will find my DS-DE COMPLAINT of Election Fraud against Wesley Wilcox, Marion County Supervisor of Elections. 

My complaint was submitted by email July 28, 2025 to Cord Byrd, Secretary of State, Florida Department of State, Office of the General Counsel. My email of July 28, 2025 is forwarded below. As of today I do not show a response from the Department of State. 

Earlier today I learned I did not send this complaint to the correct email address: OECS@DOS.FL.GOV. So here is the complaint again to OECS@DOS.FL.GOV

My DS-DE 34 Complaint is attached in a single file. My initial complaint was submitted in separate files. Thank you.

Sincerely,
/s/
Neil J. Gillespie
2801 SW College Rd., STE 3
OCALA, FL 34474
Tel: 352-239-9037
Neil4Justice@yahoo.com
Neil4OcalaMayor@yahoo.com
NeilJGillespie@yahoo.com 
NeilGillespie@mail.com (E-Filing Portal)

Enclosures

 

 

 

Complaint to Ocala Police Department Complaint August 22, 2025 to Chief Mike Balken, Ocala Police Department re Ocala Mayoral Election. This is a complaint for violation of my civil rights against Wesley Wilcox, Marion County Supervisor of Elections for an incident August 1, 2025 when an employee "Candy" refused to accept my voter registration, and kept pushing the papers back at me, rather than accept them. Attached are two videos I made of myself in the election office at the time of the discrimination by Candy. Also an issue getting maps of the City of Ocala. First Amended Complaint provided to the Ocala Police Department. 

Civil Rights Complaint against Sheri Polster Chappell, United States District Judge

Civil Rights Complaint against Sheri Polster Chappell, United States District Judge

On September 16, 2025, the day of the Special Election in the City of Ocala, U.S. Judge Sheri Polster Chappell (left) still had not ruled on my First Amended Complaint. Judge Chappell and U.S. Magistrate Judge Philip R. Lammens were each assigned to my case on August 5, 2025. Judge Chappell is a federal Article III judge, with a lifetime appointment, nominated by President Obama and confirmed by the U.S. Senate on May 20, 2013. Magistrate Lammens is a Florida lawyer hired by the U.S. District Court, Middle District of Florida, pursuant to 28 U.S. Code Chapter 43 Part III - United States Magistrate Judges.

Therefore, on September 16, 2025 I made a Civil Rights Complaint against Judge Chappell and Magistrate Lammens to the U.S. Department of Justice online Civil Rights Division and by email to U.S. Attorney Gregory Kehoe:

Gregory W. Kehoe
United States Attorney
Middle District of Florida
U.S. Attorney's Office
400 North Tampa Street
Suite 3200
Tampa, FL 33602
Office: 813-274-6000
Email: gregory.kehoe@usdoj.gov

RE: Civil Rights Complaint against Sheri Polster Chappell, U.S. District Judge 
Neil J. Gillespie v. Wesley Wilcox, Marion County Supervisor of Elections, et al, 
U.S. District Court, Middle District Florida, Ocala Div, Case 5:25-cv-486-SPC-PRL

Dear U.S. Attorney Kehoe:

Today I submitted a civil rights complaint to the U.S. Department of Justice. Please see attached the following documents:

1. DOJ civil rights complaint submission record number 665324-SWD
2. Review - Contact the Civil Rights Division _ Department of Justice
3. Civil Rights Complaint against Sheri Polster Chappell, U.S. District Judge
4. DOC 10 FIRST AMENDED COMPLAINT 5.25-cv-486-SPC-PRL
5. Gillespie Request For Assitance to Congresswoman Cammack RE FOIA FEC
6. Obama Knew the Russiagate Intelligence Was Manufactured _ RealClearPolitics

District Judge Sheri Polster Chappell has violated my civil rights by failing to rule on my amended complaint (DOC 10) filed August 12, 2025 for my right to vote in the City of Ocala, Florida, and to appear on the ballot as a candidate for Mayor. The election is today.

My amended complaint further alleges the Special Election in the City of Ocala being held today September 16, 2025 violates Florida Election Law thereby affecting every voter in the City of Ocala. My amended complaint (DOC 10) is attached. The complaint alleges violation of USC Title 52, Voting and Elections, FRCP 57 Declaratory Judgment, 28 U.S.C. § 2201 Creation of remedy, FRCP 65 Injunctions and Restraining Orders, FRCP 5.1 Constitutional Challenge. The court has supplemental jurisdiction for Florida Election Law under 28 U.S.C. § 1367.

Judge Chappell has not ruled on my amended application to proceed in district court without prepaying fees or costs. (DOC 3). The court has refused to issue summons. (DOC 7). The court has ignored my notice under FRCP 73 and 28 USC 636 that I do not consent to a trial or rulings by a U.S. Magistrate Judge. (DOC 5). U.S. Magistrate Judge Philip R. Lammens (left) denied (DOC 9) my motion (DOC 6) to e-file on the Court's CM/ECF system. Judge Chappell wrongly denied my objection to rulings by a U.S. Magistrate Judge, and wrongly prohibited me from filing on the Court's CM/ECF system. 

Judge Chappell and Magistrate Lammens violated 18 U.S.C. § 241, Conspiracy against rights:

"If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;…"

Judge Chappell has also engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts. (28 U.S.C. § 351). 

Judge Chappell was appointed by President Obama. I have made legal filings showing Donald J. Trump, a nonlawyer, was the only major constitutionally qualified candidate in the 2016, 2020, and 2024 presidential elections, because lawyers admitted to practice law are officers of the court and members of the judicial branch of government (Ex parte Garland, 71 U.S. 333 (1866), and cannot under the separation of powers doctrine serve in an elected executive branch office such as president, or vice president, an elected legislative branch office, President of the Senate. See, https://neil2024.blogspot.com/2025/02/donald-j-trump-president-of-united.html 

"Lawyers have turned our political system into a never-ending legal contest of lawsuits and court battles, investigations, subpoenas, depositions, and impeachment threats and trials. This is the Democratic Party. Bill Clinton, lawyer. Hillary Clinton, lawyer. Barack Obama, lawyer. Michelle Obama, lawyer. Joe Biden, Lawyer. Kamala Harris, lawyer. A Republican lawyer corrupting our political system is Ron DeSantis, a member of The Florida Bar."

Apparently President Obama facilitated the Russiagate hoax against President Trump. 

"Director of National Intelligence Tulsi Gabbard contends that new declassified documents show that former President Barack Obama engaged in the plot to create the lie that President Donald Trump had conspired with Russia to steal the 2016 presidential election." - Real Clear Politics, by David Harsanyi, July 25, 2025 (copy attached)

Finally, The Federal Election Commission has not provided records in response to my Freedom of Information Act (FOIA) request of May 9, 2025. U.S. Congresswoman Kat Cammack has not been able to assist me either, see the attached documents. Sarah Thompson, an associate of mine who died May 12, 2021 in Ocala, Florida, was named in my emails to the Commission. I will provide evidence showing the death of Sarah Thompson was a politically motivated homicide. 

Sincerely,
/s/
Neil J. Gillespie
2801 SW College Rd., STE 3
Ocala, FL 34474
Tel: 352-239-9037
Email: Neil4OcalaMayor@yahoo.com
Email: Neil4Justice@yahoo.com
Email: NeilGillespie@mail.com (Florida Portal Eservice)

Enclosures
Service list

Incumbent mayor, councilman reelected to Ocala City Council

Incumbent mayor, councilman reelected to Ocala City Council
Ocala-News
by Jeremiah Delgado
September 17, 2025

Two incumbents running for the Ocala City Council were overwhelmingly reelected on Tuesday night, with only around 11.6% (3,849) of all the city’s 33,301 registered voters showing up to cast their votes.

Mayor Ben Marciano and Councilman Jay Musleh were both reelected to their seats after the city’s special election wrapped up on Tuesday night.

According to the Marion County Supervisor of Elections’ website, Marciano garnered 3,204 votes, or approximately 84.03% of all the votes cast. His challenger, Arbor Feliciano, earned 609 votes (15.97%).

In the three-way race to determine the District 3 seat, Musleh earned 1,992 (52.73%) of the 3,778 votes cast for the seat. His challengers both drew over 20% of the vote, respectively: Mark Clark (1,006 votes) and TamBoura Jenkins (780 votes).

In total, approximately 3,849 individuals participated in Tuesday’s election. In total, the city of Ocala has 33,301 individuals who are registered to vote.

In both races, just over 1,600 people cast votes on election day, compared with over 2,100 votes cast by mail and through early voting.

The city held early voting at the Marion County Election Center from September 11 to September 13. During the 3-day early voting period, around 137 votes were cast.

On Tuesday evening, Marciano took to social media to share a brief statement about the victory.

"I’m excited to serve this great city another two years. Thank you so much for all the support!" reads the statement from Marciano, who first assumed the office in December 2023.

Musleh is the longest-tenured Ocala City Council member, having held his seat since 2012. Although he originally did not file to run for reelection, he threw his name back in the race after the all of the candidates for the regular election were disqualified for not paying their qualifying fees in accordance with state law.

Thank you supporters, here is my federal voting rights lawsuit

Thank you supporters, here is my federal voting rights lawsuit

On August 12, 2025, I filed an amended complaint alleging the Special Election in the City of Ocala to be held September 16, 2025 violates Florida Election Law thereby affecting every voter in the City of Ocala. Tellingly, the Ocala Star-Banner did not report this filing. My amended complaint (DOC 10) is posted on Scribed here: Thank you supporters, here is my federal voting rights lawsuit. Below is the initial text and parties.  

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CASE No. 5:25-cv-486-SPC-PRL

NEIL JOSEPH GILLESPIE, 
Plaintiff,
                            
vs.
                                
WESLEY WILCOX, in his official capacity as        
Marion County Supervisor of Elections, Florida,
BEN MARCIANO, in his official capacity as 
Mayor of the City of Ocala, Florida 
WILLIAM E. SEXTON, in his official capacity as 
City Attorney, City of Ocala, Florida,
ANGEL B. JACOBS, in her official capacity as 
City Clerk, City of Ocala, Florida,
KRISTEN DREYER, in her official capacity as 
President, City Council, City of Ocala, Florida,
IRA BETHEA, Sr, in his official capacity as 
President Pro-Tem, City Council, City of Ocala, Florida,
BARRY MANSFIELD, in his official capacity as
City Council Member, City of Ocala, Florida,
JAMES HILTY, Sr, in his official capacity as
City Council Member, City of Ocala, Florida,
JAY MUSLEH, in his official capacity as
City Council Member, City of Ocala, Florida,
CORD BYRD, in his official capacity as 
Florida Secretary of State, the FLORIDA 
DEPARTMENT OF STATE,
RON DESANTIS, in his official capacity
as Governor of Florida,
Defendants.
_____________________________________/

PLAINTIFF'S FIRST AMENDED COMPLAINT 

The Plaintiff, Neil Joseph Gillespie ("Gillespie"), a nonlawyer appearing pro se, states:

1. Gillespie filed this action 8 days ago as a voting rights case under USC Title 52, Voting and Elections. Process has not been issued by the Court. The complaint has not been served. 

2. Pursuant to FRCP 15, Gillespie hereby files his First Amended Complaint, adds Defendants, seeks declaratory and injunctive relief, and makes a constitutional challenge. This First Amended Complaint makes no demand for money damages. Gillespie filed this action for the right to vote where he works and lives, and to run for the office of mayor.
  
Jurisdiction and Venue

3. Federal question jurisdiction arises under Article III, Section 2, U.S. Constitution, U.S.C. Title 52 Voting and Elections, FRCP 57 Declaratory Judgment, 28 U.S.C. § 2201 Creation of remedy, FRCP 65 Injunctions and Restraining Orders, FRCP 5.1 Constitutional Challenge.

4. Venue is proper in the Ocala Division under 28 USC 1391(b)(1). The Plaintiff resides in the City of Ocala, the cause of action rises in the City of Ocala, 9 of 11 Defendants are located in Ocala, and relief is sought in a Special Election in the City of Ocala. 

The Parties

5. Plaintiff Gillespie is a resident of the City of Ocala, age 69, living and working since January 2, 2023, at 2801 SW College Rd, STE 3, Ocala, Florida, 34474. Gillespie has resided in Marion County, Florida for 20 years. On May 19, 2022 Gillespie was evicted at gunpoint after foreclosure of his home on a federal HECM reverse mortgage. Gillespie was homeless from May 19, 2022 until January 2, 2023, when he rented and occupied space in an office condominium in the Starting Gate Executive Office. Gillespie relies on Social Security retirement income to survive and is unable obtain other adequate housing. The office is home to Justice Network, a fictitious name owned by Gillespie. Justice Network is engaged in advocacy, education, news gathering and dissemination, and helping people fight injustice. Gillespie's clients are poor, disabled, forgotten and dammed; and his causes unpopular with the local authorities, including:

• A 15 year-old African-American schoolgirl in a 2016 racial incident at West Port High School, harassed by white supremacists waving Confederate flags in the school. Gillespie is a critic of Neo-Confederates, and the historic lynching of 19 people in Marion County. 

• Sarah Thompson, age 35, who died in 2021 of a drug overdose in the hotel room of a convicted drug trafficker at the Stay & Save Extended Stay Hotel in the City of Ocala. Gillespie has evidence that Sarah's death may have been a politically motivated homicide.

• Harold Minnis, age 63, a man on probation with End-Stage Kidney Disease (ESKD) who's benefits were blocked, was denied legal counsel, and denied voluntary surrender at the MCJ. See Florida v. Harold Minnis, Case No. 2025-CF-0383, Marion County Circuit Court.

• Ronnie Cooper, age 63, an amputee in a wheelchair since age 19, pled NGI, convicted at trial without legal counsel, sentenced to life in prison for robbery of a vehicle at a gas station. See State v. Cooper, Case No. 2019-CF-1050, Marion County; Fifth DCA Appeal 5D2024-3513.

Gillespie is now and has been a No Party Affiliation (NPA) candidate for public office. Read the full complaint online here.