MILO A. ROSE
PETITIONER
V CASE NO. 8:93-CV-1169-T-23EAJ
JAMES McDONOUGH
RESPONDENT
LEAVE OF COURT TO PROCEED PRO SE
WHILE HOLDING CASE IN ABEYANCE UNTIL
ATTORNEY CONFLICT IS RESOLVED
Now comes Petitioner Pro Se humbly before this Honourable Court to seek leave of Court in accordance with Locale Rule 2.03 (d) (M.D. Fla.). Requesting this case be placed in abeyance until the issues presented in this Petition are ruled on.
Petitioner is in no way seeking to use this Petition as a dilatory tactic. Petitioner is under extreme duress and fears attorney Bjorn Brunvand is deliberately sabotaging his case before this Court by denying to provide the representation asked of him. Petitioner has filed numerous Pro Se petitions complaining to this Court about attorney Brunvand’s failure to provide accurate, diligent and zealous representation. This Court has not ruled the issues this Petitioner wants raised before this Court to be frivolous. As such Petitioner now asks this Court to recognise attorney Brunvand’s actions as being prejudicial to Petitioner and allow Petitioner to dismiss attorney Brunvand and proceed Pro Se. Durocher v Singletary, 623 S0. 2D. 482. (Fla. 1905). Faretta v California, 442 U.S. at 820-821, 95 S. CT. at 2533- 2534.
Documents attached I support of Petitioners conflict with attorney Bjorn Brunvand.
September 13, 2006, Correspondence requesting attorney Brunvand withdraw.
September 13, 2006, Correspondence requesting this Court accept attorney Brunvand’s withdrawal, with attached copy of two page Florida Bar Complaint filed by Petitioner on August 23, 2006.
September 12, 2006, Florida Bar response to August 23, 2006, complaint against attorney Brunvand.
Petitioner asserts on this day November 1, 2006 under penalty of perjury, that everything contained in this Petition is truthful and accurate.
Pro Se Petitioner: Milo Andrew Rose
Milo Andrew Rose #090411
Union Correctional Institution
7819 NW. 228th St, P 3125-S
Raiford, Florida, 32026-4430
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Petition has been furnished by U.S. mail, first class delivery. This – day of Nov. 1, 2006, to Asst. Gen. Carol Dittmar, Concourse Centre #4, 3507 Frontage Rd, Suite 200, Tampa, Florida 33607. Assit. St, Att, C. Marie King, office of State Attorney, P.O. Box 5028, Clearwater, Florida 34618, and
Bjorn Brunvand, Esq; 615, Turner St. Clearwater, Florida, 33756.
Milo Andrew Rose #090411
Union Correctional Institution
7819 NW. 228th St, P 3125-S
Raiford, Florida, 32026-4430
……………………………………………………….
Milo Andrew Rose #090411
Union Correctional Institution
7819 NW. 228th St, P 3125-S
Raiford, Florida, 32026-4430
September 13, 2006
Bjorn Brunvand, Esq.;
615, Turner St.
Clearwater, Florida, 33756.
Dear Bjorn Brunvand;
As you will notice from through attached letter addressed to Judge Steven Merryday, I am requesting you withdraw from my case, please honour this request.
Respectfully,
Milo Rose
Copies Attached:
Two page letter to Judge Merryday, Sept. 13, 2006.
……………………………………………………………..
Milo Andrew Rose #090411
Union Correctional Institution
7819 NW. 228th St, P 3125-S
Raiford, Florida, 32026-4430
September 13, 2006
The Honourable Steven D. Merryday
United States District Court
Middle District of Florida
United States Courthouse
Tampa, Florida 33602
Dear Judge Merryday,
On August 23rd, 2006, I filed the attached Florida Bar complaint against attorney Bjorn Brunvand, along with five incorporated complaints against attorney’s Ron Eide, Wayne Shipp, Darryl Rouson, Bruce Bartlett and Bruce Young.
On September 7th, 2006, I received a copy of the second amended petition for writ of Habeas Corpus by A Person in State custody, filed September 1, 2006, by attorney Bjorn Brunvand. It was only through receipt of this petition that I became aware that on June 6, 2006, your Honour issued an order in regards to Faretta issue. (I never received a copy of said order) nor, did attorney Brunvand send a cover letter with his September 1, 2006, copy of amended Habeas petition to explain his actions.
At this point and time I have no idea what your June 6, 2006, order pertained to, and, if it included mention of my May 26, 2006, Pro Se filing entitled: Petitioners Pro Se Request for Judicial Inquiry / Interrogatory Expansion of Record. Which only adds to the list of attorney Brunvand’s failure to keep me informed and provide me with affective / actual representation. Failure of attorney Brunvand to keep me informed and his repeated failure to provide me with requested representation. Does now amount to a total breakdown of attorney / client relations, as well as showing an irreparable conflict of interest. Which has caused me to lose all trust and faith in attorney Brunvand to provide me effective representation. As such, I have once more requested attorney Brunvand withdraw from my case (see attached copy of letter addressed to attorney Brunvand). It is my prayer this court accept Brunvand’s resignation and appoint new counsel to represent me.
Respectfully,
Milo Rose
Copies attached:
Two page Florida Bar Complaint against attorney Bjorn Brunvand, Aug. 23, 2006.
One page letter to Brunvand, Sept. 13th 2006.
Attorney Bjorn Brunvand, Bar complaint page 2 of 2
compel them to admit to their culpability in denying me a fair and impartial trial. As such, attorney Bjorn Brunvand’s failure to provide me with diligent and zealous representation as evidenced by the attached documents demonstrates an arrogance that amounts to criminal obstruction of the law; with a total disregard to his oath to uphold and protect the integrity of the law.
Attached documents of evidence are listed as:
1. 2 page, August 9, 2003 letter from complainant addressed to attorney B. Brunvand.
2. 2 page, August 14, 2003 letter from complainant addressed to attorney B. Brunvand.
3. 1 page, April 11, 2005 letter from complainant addressed to attorney B. Brunvand.
4. 2 page, April 11, 2005 letter from complainant addressed to attorney B. Brunvand.
5. 2 page, April 11, 2005 letter to Judge Steven Merryday
6. 1 page, letter dated April 25th 2005 to State representative Bruce Kyle
7. 1 page, April 25th 2005 letter to F.S.C. chief justice Parnente
8. 8 page, May 26th 2006, petitioners Pro Se request for judicial enquiry…
9. 29 page, December 2, 2005, petitioners support brief addressing Faretta standard while amending and incorporating all existing Habeas issues..
