Tag: medical emergency

Motion to Disqualify Judge Jeffrey L Ashton filed with Affidavit of Prejudice

William M. Windsor has filed an Affidavit of Prejudice with his First Motion to Disqualify Judge Jeffrey L. Ashton in Case 2018-CA-010270-O in the Ninth Judicial Circuit in Orange County Florida.

This was filed less than one month after Jeff Ashton appeared as judge in the case that had been pending for years.

WILLIAM M. WINDSOR’S AFFIDAVIT OF PREJUDICE

OF JUDGE JEFFREY L. ASHTON

I, William M. Windsor, the undersigned, hereby declare under penalty of perjury:

  1. My name is William M. Windsor (“Windsor”). I will be 72-years-old on Friday, am absolutely competent to testify and represent myself, and have personal knowledge of the matters stated herein.
  2. This Affidavit of Prejudice of Judge Jeffrey L. Ashton (“Affidavit of Prejudice”) is offered in support of the Motion to Disqualify Judge Jeffrey L. Ashton (“Motion to Disqualify”).
  3. I am the Plaintiff in this action, and I am representing myself pro se.
  4. I am not an attorney. However, I have studied law, and I know improper actions by attorneys and judges when I see them.  I see them in this case!
  5. I will not receive a fair trial in the Ninth Judicial Circuit Court in Orange County, Florida due to the prejudice of Judge Jeffrey L. Ashton (“Judge Ashton”) of that court against me and bias in favor of the Defendants and their attorneys.
  6. I first came to the realization on February 1, 2021 that Judge Ashton was prejudiced and biased in this case.
  7. I fear that I have not received and will not receive a fair trial with Judge Ashton. Judge Ashton is heartless and dishonest.
  8. Attached as EXHIBIT 1 is an affidavit I filed today. It is referenced and incorporated herein.  It details my issues with Judge Ashton as to my current medical emergency.  Judge Ashton refuses to delay a relatively meaningless hearing in this case about the DEFENDANTS disabling me and using the court system to inflict emotional distress.  As I type this, I can’t see much out of my left eye.
  9. Judge Ashton has OUTRAGEOUSLY refused to reschedule a 2/2/2021 hearing with no justification whatsoever. This is bias at its almost worse.
  10. But that he refused to reschedule the 2/2/2021 hearing when Windsor has a medical emergency is bias at its worst.
  11. Judge Ashton could care less about Windsor, and the feeling is now more than mutual.
  12. Windsor has not been treated fairly by Judge Ashton. Judge Ashton has not demonstrated the impartiality required of a judge.  He is demonstrating that he is a heartless person who has no business sitting in judgment on people.
  13. Windsor has a well-grounded fear that he will not receive a fair trial. Judge Ashton has ignored all of the prejudice and bias of Judge Kest, and he refused without proper consideration Windsor’s request to reconsider the corrupt orders of Judge Kest.
  14. Judge Munyon granted a protective order to stop discovery when there was no legal authority to do so.  Judge Kest allowed that to continue.  Judge Kest allowed hearings on frivolous motions by the Defendants while ignoring violations of his own rules and orders.  Judge Kest outrageously stated in an order that two motions were not being set for hearings because they were motions for reconsideration when clearly they were no such thing.  Judge Kest claimed Windsor made a false statement to the Court denying that the case had been stayed.  The case was never stayed, and saying Windsor made a false statement to the Court was both improper and erroneous.  Judge Kest ignored the fact that there was no legal basis given by the Defendants for either of the motions that Judge Kest ordered to be set for hearing.  Judge Kest extended the trial date for another year when he will not even be a judge, with no consideration given to Windsor’s medical condition.  Judge Kest announced at the Case Management Conference that he treats pro se parties the same as attorneys, but this is neither fair nor the law.  Judge Kest indicated at the Case Management Conference that he had independently researched cases that Windsor had been involved in, and he threatened him with sanctions for frivolous motions under Florida Statute 57.105.  Windsor has never filed anything frivolous.  Judge Kest argued with Windsor over whether there had been the required “meet and confer” with the Defendants’ attorneys.  Judge Kest claimed that a telephone bullying by Attorney Asstrin amounted to a “confer.”  Windsor tried to explain that confer means an actual discussion.  Judge Kest rejected that, yet he knew the specifics of the law while pro se Windsor did not.  Windsor was absolutely right about the requirements to confer, and Judge Kest lied and claimed he was wrong.  Judge Kest is a past president and Governor of the Bar Association, so he has been a very active member of a club that the Defense attorneys belong to that Windsor will never belong to.  Judge Kest has been an attorney for 48 years and a judge for 17 years.  He has seemingly developed disdain for pro se parties over the past 48 years.  Windsor has these feelings because after studying the developments in this case, he saw Judge Kest acting with bias again and again.  Judge Ashton dismissed without any consideration Windsor’s motion to have him reconsider Judge Kest’s orders.  No honest judge could do that.
  15. This Affidavit of Prejudice clearly provides the facts and reasons for the belief that bias and prejudice exists. Dates, times, places, circumstances, and statements are itemized.
  16. Judge Ashton established a clearly fixed view about substantive pending trial matters, so this must raise concerns about the “appearance of impropriety,” a standard that must be safeguarded under applicable recusal law.
  17. Judge Ashton has violated my civil and constitutional rights under color of law.
  18. Judge Ashton has effectively denied my rights of the equal protection under the law under Article VI of the Constitution.
  19. Judge Ashton’s actions prove that he has exercised his power in this civil action for his own personal purposes rather than the will of the law or the common decency of man.
  20. I will not get a fair and impartial trial with Judge Ashton. He is prejudiced against me.  He has already committed an unforgivable sin in this case by refusing to reconsider orders of Judge Kest that were issued without the required hearings.  Judge Ashton acts like he is simply another in a string of corrupt Orange County judges who either dislike pro se parties or love insurance agencies with deep pockets.
  21. All I want is to have someone fair and impartial with an open mind to listen to the facts and review as much of the evidence as is needed to prove each of my claims. It is obvious to me that Judge Ashton doesn’t care about the facts and doesn’t want to apply the law.
  22. The United States Constitution guarantees an unbiased Judge who will always provide litigants with full protection of ALL RIGHTS.   Judge Ashton is biased against me. Judge Ashton has demonstrated this.
  23. This motion, affidavit, certificate of good faith, and memorandum of authorities meet the requirements for a motion to disqualify.
  24. This Affidavit of Prejudice states the facts and the reasons for the belief that bias and prejudice exist. The reasons for the belief are material and stated with particularity.
  25. I have a well-grounded fear that I will not receive a fair trial.
  26. This affidavit meets the time requirement of Rule 2.330 of the Florida Rules of Judicial Administration which provides that a motion for recusal “shall be filed “within a reasonable time not to exceed 10 days after discovery of the facts constituting the grounds….” It was on February 1, 2021 that I discovered grounds.
  27. This affidavit is accompanied by a “certificate of counsel of record.” As I am the only person of record and I am a pro se Plaintiff, the certificate is from me, and it is made in good faith.
  28. There has not been a previous motion to disqualify Judge Ashton.

FURTHER SAITH AFFIANT NOT.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this 1st day of February, 2021.

Judge Jeffrey L. Ashton ignored William Windsor’s Medical Emergency in 2021.

On 2/1/2021, I had a medical emergency with my left eye.  I have had three surgeries on that eye.

I first came to the realization on February 1, 2021 that Judge Jeffrey L. Ashton was prejudiced and biased in this case.

I fear that I have not received and will not receive a fair trial with Judge Jeffrey L. Ashton. Judge Jeff Ashton is heartless and dishonest.

I prepared the following affidavit and it was filed on 2/1/2021.  It details my issues with Judge Jeffrey L. Ashton as to my medical emergency.   Judge Jeffrey L. Ashton refused to delay a relatively meaningless hearing in this case about the DEFENDANTS disabling me and using the court system to inflict emotional distress.  As I typed it, I couldn’t see much out of my left eye.

VERIFIED AFFIDAVIT OF WILLIAM M. WINDSOR DATED 2/1/2021

I, William M. Windsor, the undersigned, hereby declare under penalty of perjury:

    1. I am over the age of 21, a living person, am competent to testify, and have personal knowledge of the matters stated herein.
    2. I object to the Court’s plans to hold a hearing tomorrow that I will be unable to attend.
    3. I am 72-years-old and in poor health since the Defendants’ 18-wheeler hit me at 70-miles-per-hour. I am in constant pain from nine herniated disks in my neck and back, and walking is a problem.  I was in excellent shape before the accident.  I am currently experiencing several medical emergencies.
    4. I broke a tooth, and it is extremely painful. I’m having serious problems with my left eye.  And I may be having a significant side effect from a COVID-19 vaccination.  I find this Court’s void of compassion to be absolutely unacceptable for any human being.
    5. As I have previously communicated, I received notice from the Court’s Judicial Assistant too late to prepare for a 2/2/21 hearing. It was impossible to meet the deadlines set by the Judicial Assistant in a command sent to me.  As I communicated to this Court by motion, I also need to subpoena the attorneys for the Defendants prior to a hearing on attorney’s fees.  Pro se parties do not have subpoena rights, so I have to drive to Orlando to obtain subpoenas from the Clerk of the Court.  The attorneys for the Defendants have ignored my requests to take their depositions.  The attorney for the Defendants recently filed an affidavit that requires investigation.  I received it too late to do anything about it.  The examination of the attorneys is likely to take several hours.  I have found the attorneys to be extremely dishonest.  The attorney for the Defendants could not have spent more than 15 minutes on the motion to compel that resulted in sanctions.
    6. I have essentially no money. I have been declared indigent by the Texas Supreme Court and the United States Supreme Court.  EXHIBIT A is my motion for in forma pauperis approved by the U.S. Supreme Court.  My debts exceed $1,100,000, and I haven’t been able to pay credit card bills for over a year.  My total debt reduced from $1,500,000 to $1,169,000 since tis was prepared due to settlement with Sean D. Fleming for $1 and release of my claims against him.  My total monthly expenses at present are $83,527 if I were to pay all my past due credit card bills.  My only assets are $1,000 equity in my vehicle and $60,000 in a condo, my homestead.  My secured debts exceed my assets.  I believe all of my assets will be protected in bankruptcy.  I believe the condo association will try to foreclose as I haven’t paid the $600 monthly “dues” for four months.  If that happens, I will have to file bankruptcy.  I have been working to stay afloat until I receive a large financial award from the jury in this case.
    7. Sanctions are supposed to be based on an ability to pay. I have no ability to pay.  I will begrudgingly agree to have $100 deducted from the payment I receive from this lawsuit.
    8. I filed a motion to have Judge Ashton reconsider the outlandish orders of Judge Kest. It was just denied.  I find this outrageous.  It seems Judge Ashton is just as biased as Judge Kest.  Denying this motion without considering the evidence or holding a hearing is absolutely improper.
    9. The Fifth District has made it clear that the trial court has the inherent discretionary power to reconsider any order entered prior to the rendition of final judgment in the cause. (Arnold v. Massebeau, 493 So. 2d 91 (Fla. 5th DCA 1986).) (See also North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla.1962); Commercial Garden Mall v. Success Academy, Inc., 453 So.2d 934 (Fla. 4th DCA 1984). Cf. Associated Medical Institutions, Inc. v. Imperatori, 338 So.2d 74 (Fla. 3d DCA 1976); Rubin v. Baker, 276 So.2d 532 (Fla. 3d DCA 1973).)  The only reason I can think of to deny the motion and do so without a hearing is prejudice.  The only reason I can think of to deny a continuance of the hearing set for 2/2/2021 when I cannot participate is extreme prejudice.  Judge Ashton provided NO reasons for his orders.  The U.S. Supreme Court stated in Corcoran v. Levenhagen, 08–10495, decided October 20, 2009, that courts should explain their orders.
    10. I object to the hearing and being denied my rights to have the corrupt acts of Judge Kest and the monumental wrongdoing of the Defendants and their attorneys properly considered by this Court. I object to the denial of my motion for reconsideration of the corrupt acts of Judge Kest.
    11. I will file a motion to disqualify Judge Ashton, and I will file an appeal. These are my legal rights.
    12. In 2011, I had two cataract surgeries. The surgery on both eyes caused problems, including a hole poked into the retina of my left eye by the surgeon.  I began “seeing things.”  It began with what could best be described as a fireworks show “in my eyes” when my eyes were closed in bed at night.  Then I saw big flies and even bigger roaches all around my desk.  At first, they seemed real.  Next came a curtain closing back and forth across my field of vision.  It started as a shear and ended up a solid red.
    13. I raced to the eye doctor in Atlanta, Georgia. The doctors discovered a hole in the retina of my left eye.  My left eye was quickly scheduled for surgery.  I was sent home with eye patches to cover both eyes, and I was instructed to do nothing but recline with my head in a slightly-elevated position.  Both eyes were done a week apart.  The left eye had the retina repaired, and both eves had a “vitrectomy,” surgery in which the vitreous gel-like substance is removed.  It is what fills the middle portion of the eye.  I believe my gel was replaced with saline solution.  I used to have floaters, but they were removed.  The strange visions went away, but it took a long time to recover my reading eyesight.  My vision has been 20/20 after the cataract-replacement lenses were implanted in my eyes.  For a week or so, my reading vision has become poor.
    14. In 2016, I was diagnosed with Glaucoma. It had been at least two years since my eyes had been examined, and I lost some of my peripheral vision due to the Glaucoma.  In 2018 and 2019, I had two more eye surgeries in Leesburg with Dr. Stacia Goldee of Mid-Florida Eye Center.
    15. Last Friday, I had the first COVID-19 vaccination. That night, I saw a ghost.  I’d never seen a ghost before, but I saw a ghost.  It was a slender brunette, very animated, talking with someone in the kitchen.  I was not asleep or dreaming.  I “saw” this while awake at night.  I snapped a photo, and it is dark and spooky-looking, but doesn’t show a “ghost.”  I would attach it, but it’s just a dark blur.
    16. The ghost did not return the next night, so I chalked it up to perhaps some type of reaction from the vaccination. A few days later, the ghost returned.  Same woman; same outfit; same place in the kitchen.  I snapped a photo, but it doesn’t show a ghost – just a squiggly green neon flash where the ghost was.  I would have been totally freaked out from all of this if it wasn’t for my experience following eye surgery in 2011.
    17. This all sounds pretty crazy, but Google reports that “hallucinations” are a side effect of COVID-19 and the COVID-19 vaccine. There are some bizarre videos on YouTube with people telling their COVID hallucination stories.
    18. I have become concerned that the problem may be related to the retina in my left eye. My left eye has been cloudy and moderately painful of late.  My vision has become very poor out of my left eye, and the imbalance between my eyes makes me dizzy.  Unfortunately, I missed my regular Glaucoma check-ups due to the Pandemic; I’m supposed to be checked every six months, and it has been a year.  I tried on Friday to get an appointment with the eye doctor I had used, but she does not accept the Cigna HMO Medicare Insurance that I have as of January 1, 2021 without a referral from the primary care doctor.  That primary care doctor is new; I have never seen him, and I was unable to get a referral without first scheduling a full physical.  I spoke with a nice lady there this morning, and she isn’t sure they accept my insurance.  She asked me to bring the insurance card to their office to check, so I did.  They do accept my insurance, but the first available appointment is March 23.
    19. I called Cigna to see what I can do. They were of little or no help.  They referred me to Dr. Courtney Bovee, an ophthalmologist I have seen before, a doctor I really respect and like.  I called Mid-Florida Eye Center to learn she is no longer with them, and they do not take my insurance.  The surgeon who operated on my eyes twice, Dr. Stacia Goldee, is no longer with the firm either, apparently retired.  I have called and left messages with the office of Dr. Anisha Patel, the last eye doctor I have seen.
    20. I have been on hold with Moderna for a half hour to report my potential side effect from the COVID-19 vaccine. I was just cut off and had to leave a message.  I’m supposed to hear back in 24 hours.
    21. I see Dr. Golub at 10:30 a.m. on Tuesday and go to the hospital at 11:00 am.
    22. I have been approved by Cigna to go to the Emergency Room, and I will be there Tuesday morning at about 11:00 a.m. My eyes will be dilated, and an ophthalmologist will examine my retinas.  The concern is that I have a vitreous detachment.  Over time, the vitreous can shrink and slowly detach from your retina.  Posterior Vitreous Detachment can cause health issues and can lead to permanent vision loss.  This can cause a tear in the retina or a hole in the eye nerve.  Those of us who are nearsighted, have had cataract surgery (and I’ve had four), or who have had some kind of trauma to the eyes are at a higher risk for PVD.  I am told that this is very common at age 72, and I am in a high-risk category.  This is not something I can or will ignore.

FURTHER SAITH AFFIANT NOT.

Sworn under penalty of perjury this 1st day of February, 2021,

_________________________________

William M. Windsor

Judge Jeff Ashton OUTRAGEOUSLY refused to reschedule a 2/2/2021 hearing with no justification whatsoever.  This is bias at its almost worse.

But that he refused to reschedule the 2/2/2021 hearing when I had a medical emergency is bias at its worst.

Judge Jeffrey L. Ashton could care less about me, and the feeling is now more than mutual.

I was not treated the impartiality required of a judge.   Jeff Ashton demonstrated that he is a heartless person who has no business sitting in judgment on people.

I have come to realize that he was pre-programmed to rule against me on anything and everything.  I believe he was either instructed to do this by the Criminal Racketeering Operation at work in Orange County, or he was pad off.

I had a well-grounded fear that I would not receive a fair trial.  Judge Jeff Ashton has ignored all of the prejudice and bias of Judge Kest, and he refused without proper consideration Windsor’s request to reconsider the corrupt orders of Judge Kest.

It was all corruption, loud and clear.