Appendix Pages 28 and 29
LEE COUNTY CIRCUIT COURT, CIVIL DIVISION
ROBERT F. ALLSTON
V. COUNTY OF LEE, FLORIDA
STATE OF FLORIDA DEFENDANTS
Comes now the plaintiff in this action who respectfully appeals the Order of the honorable James B. Thompson of October 14, 1994, ordering that this cause be filed in the plaintiff's criminal action, State of Florida v. Robert F. Allston 20th judicial Circuit criminal case 94-803CF.
Plaintiff Allston has indigent status in 94-803CF and respectfully requests such status in this cause and appeal.
This appeal is based on the plaintiff's allegation that he may lose rights to prayed for relief, lose rights to appeal and lose rights through the different practice and procedure and trial proceedings and procedure in the two causes if they should be joined as set forth in the Order of the Honorable James B. Thompson.
Plaintiff will file one or more briefs on appeal discussing such issues as the Rules of Appellate Procedure may require or allow.
Plaintiff respectfully requests this appeal to be viewed as a civil appeal from the Order placing this civil action in criminal action 94-803CF if deemed appropriate by the Court under circuit court and appellate court rules and procedure.
Since plaintiff's brief will discuss the distinctions between this action as a civil complaint for declaratory judgment and his criminal action 94-803CF, plaintiff respectfully requests to have copies of his entire felony record in 94-803CF and court file in 94-803CF available on appeal if allowable under appellate rules.
Since plaintiff is incarcerated in the Lee County Stockade jail he respectfully requests that he be allowed, as suits jail authorities, access to law materials sufficient to process this appeal.
Plaintiff respectfully requests the trial court and the court on appeal not to view any reasonably curable defects in stating a good cause of action, parties or other matters as a fatal defect on appeal so that the appeal may move forward. Plaintiff realizes his third cause of action may not state facts which are specific enough to state a good cause of action and he requests that his brief submitted to the trial court dealing with his third cause of action (right to counsel) be furnished with the record on appeal. Plaintiff also requests that a copy of the Lee County Corrections Bureau Inmates Rules and Orientation and Information handbook be made and supplied with the record on appeal. This Handbook has been filed in 94-803 as set forth in the Order appealed from.
Plaintiff respectfully requests that should there be any fatal defects to appeal that he be given an opportunity to cure any such defect. Plaintiff is incarcerated with no general access to legal materials and has no money to hire an attorney and has no knowledge or background in law.
Plaintiff respectfully requests that his appeal be expedited to the extent allowed by law in view of the issues in this cause.
Plaintiff respectfully requests that the proceedings in 94-803CF be continued until this matter has been heard on appeal in that this matter contains a request for counsel for plaintiff in 94-803CF.
Wherefore plaintiff, Robert F. Allston respectfully submits his Notice of Appeal this the 19th day of October, 1994.
Robert F. Allston, Pro se