Escolar Documentos
Profissional Documentos
Cultura Documentos
ROBERT GIPSON, )
Individually )
) Case No, 09-4136-CV-C-NKL
AND )
)
ROBERT GIPSON )
As Next of Friend )
Casey Gipson, a minor child )
)
Plaintiffs, )
)
vs. )
Defendants,
AND
EMERGENCY HEARING
COMES NOW, Robert Gipson, pro se, and for his cause of action to amend his TRO
filed on July 20, 2009 and to clarify his request for such cause. Part one and part two of
complaint and all exhibits are the foundation for his motion. Part one consist of thirty four
pages and part two consist of eighty five pages. Plaintiff therefore states the following.
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6. Plaintiff is slightly restricted. He does not have access to the E.C.F. and is attempting to
notify the parties in a timely manner.
7. Plaintiff is asking that a Temporary Restraining Order be placed against the case workers
And supervisors assigned to the Missouri Children’s Services. As indicated in part one
and part two of Plaintiffs complaint, case workers and supervisors conducted themselves
in such a manner that brought harm to the Plaintiffs.
8. Defendants, James Johns, Brandy Wilkenson and Jason Warren have conspired to violate
the Plaintiffs civil and constitutional rights to have a father and son relationship.
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COMPLAINT
PART #1
COMES NOW, Robert Gipson, pro se, and for his cause of action for the removal of
Casey Ryan Gipson’s picture from a Porn sex site on MYSPACE. Brandy Wilkenson, mother of
Casey Gipson exploits sex on the MYSPACE web site. Pictures, video, and advertisement as a
sex coach are her marketing profile. This brings discredit to the minor child when his picture is
also on this web site. Defendants have had ample opportunity to investigate the pictures and
video of the Porn site on Brandy Wilkenson’s MYSPACE web site. This is a Porn site and the
minor child’s picture is posted for view by visiting customers. Robert Gipson presented evidence
to the Missouri Children’s Division, Benton County Sheriff’s Department and Honorable Judge
Michael Hendrickson. Defendants have protected Brandy Wilkenson and her husband Jason
Warren at the expense of the minor child. It is a Federal Violation to have pictures of children
on a MYSPACE Porn site. The owners and operators of MYSPACE have failed to monitor their
Web site and have jeopardized the health and welfare of the minor child Casey Ryan Gipson.
Retaliation by the Benton County Sheriffs Department resulted in harassment by means of arrest
and civil rights violations against Robert Gipson. During the last court hearing Judge Michael
Hendrickson refused to remove the minor child’s picture from the MYSPACE PORN WEB
SITE. The GAL MR Lutman was also aware of this web site and did nothing. Mr. Lutman is
presently the GAL for the minor child. Mr. Lumens’ failure to protect the minor child is cause
for dismissal. The Plaintiff was subjected to excessive harassment during the June 2009 court
hearing. Plaintiff was held by force and threat of physical and mental abuse by Judge
Hendrickson and the court Baliffs. The first court hearing consisted of five Baliffs, two
Prosecuting Attorneys and one person from the Missouri crime victim’s office who worked with
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Karen Woodley the Benton County Prosecutor. This was nothing more than an imminent threat
against Plaintiff Robert Gipson. This threat infringed upon the integrity of the case and created a
very hostile court environment. This threat by court officials against the Plaintiff Robert Gipson
violated his civil rights to a fair trial and violated the Plaintiffs fourteenth amendment. This act
of aggression against Plaintiff interrupted the normal course of justice. To this date July 15,
2009, Plaintiff continues to be oppressed by community corruption. Plaintiff will never get a
fair trial in the Benton County Missouri court house, nor in the Western court of appeals. The
attached documents also indicate a child and father who have endured excessive physical and
mental abuse. This abuse has been covered up by the Missouri Children’s Division, case
workers and supervisors. Mandated reporter, Psychologist and Defendant, Ms Erika Waller
failed to report that the child Casey Gipson was beat in the face and eye by his mother Brandy
Waller. Both failed to report this abuse against the minor child. Both were presented with many
documents describing prior neglect and abuse against the minor child. Part one and part two of
Plaintiffs law suit identifies a consolidation of reports, pictures, video and CD to substantiate
Plaintiffs accusations against the Defendants. The first course of action requested by Plaintiffs
is to remove the minor child’s picture from the MYSAPCE porn site created and managed by
Defendant Brandy Wilkenson and her husband Defendant Jason Warren. The Defendants listed
in part one and part two of this law suit subjected the minor child to a life of hardship by
ignoring obvious signs of neglect and abuse against the child. Defendants, in their official and
individual capacity to protect the minor child from harm as directed by the United States
Constitution, violated their oath of office. Defendants Brandy Wilkenson and Jason Warren
have conducted criminal activities against the minor child and Plaintiff Robert Gipson as stated
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in part one and part two of this claim. Part one and part two of said claim relates to various
Defendants who have violated the civil rights of Plaintiffs. Part one and part two has attached
supplemental evidence to support said claim. Attached are photos, video, CD, medical
documents, witness statements,and legal documents. Part one and part two describes the actions
of each Defendant, relief sought for by Plaintiffs, supplemental evidence, and facts common to
all counts.
PARTIES
The Plaintiff, Robert Gipson is a resident of Benton County, State of Missouri and
Plaintiff Robert Gipson brings this action as the parent of Casey Ryan Gipson and
as the next friend of Casey Gipson, a minor child, who is currently legally unable to bring this
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T.R.O. REQUESTED AGAINST THE FOLLOWING DEFENDANTS
13. Defendants Jim Harrison, Steve Morrow, Nancy Parks, Ms Hendrickson, Paula
26. ADMINISTRATORS
MYSPACE WEB SITE
Defendants, of MYSPACE have allowed Brandy Wilkenson to freely exploit sex on the internet.
The owner and operators of this agency has violated the civil rights of the minor child Casey
Gipson. They allowed pictures of minor children to be on the same web page where sex acts and
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27. MR LUTMAN
GAL FOR MINOR CHILD
28.. At all times relevant herein, Defendants listed above and below violated agency policies,
and regulations. They failed to properly investigate and interview parties of interest and ignored
Plaintiffs pleas to help the minor child Casey Ryan Gipson. These policies, decisions officially
adopted or promulgated by the State of Missouri were Maliciously ignored. which acts may
fairly be said to represent official policy or were pursuant to the governmental custom of the
State of Missouri.
29. At all times relevant herein, Defendants have acted under the color of authority of
WHEREFORE, Plaintiffs pray judgment against Defendants and issue a TRO against
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Count II - 42 U.S.C. §1983 CONSPIRACY
WHEREFORE, Plaintiffs pray judgment against Defendants; for Plaintiffs’ costs of this
action, including reasonable attorney fees; and such other relief as may be granted by the Court.
Punitive damages under Missouri Common Law for tortuous interference with their
constitutionally protected relationship. It was and continues to be the actions of said Defendants
that forced the Plaintiffs to take action and seek relief in this court.
WHEREFORE, Defendants listed as individuals and those acting under the color of law should
be sanctioned and fined accordingly as required by law. Temporary Restraining Orders should
be granted to protect Plaintiffs from any chance of further harm to them physically or mentally.
Plaintiff has exhausted his resources in the circuit court and the appellate court. Plaintiff Robert
Gipson has been bullied long enough. Plaintiff Robert Gipson states that the mental anguish
caused by the Defendants and government agencies has caused PTSD. Plaintiff, Robert Gipson
has endured seven years of an all out assault against his family. This has and could forever
devastate his future life. Plaintiffs Bank account has been garnished. Funds that were exempt
from garnishment were frauduantley obtained by James Johns, Brandy Wilkenson’s lawyer.
The second garnishment was executed without a court order. Bank of America allowed this
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transaction. Plaintiff was injured in Iraq. His Social Security Disability check was re routed to
Brandy Wilkenson without Plaintiffs knowledge. Brandy Wilkenosn with the help from Mr.
Brown and staff workers from the Sedalia Missouri Social Security Office conspired to make
Brandy Wilkenson the payee of Plaintiffs Disability check. Plaintiff was injured in Iraq and
receives money for his injuries. Brandy Wilkenson and her lawyer James Johns have conspired
to bring false accusations against Plaintiff in order to obtain Plaintiffs money that was once used
to support his child. Prior to such garnishment, Plaintiff provided financial support for the minor
child in excess of the money now being paid out. Garnishment was just another reason for
Brandy Wilkenson to file false accusations against Plaintiff and file to modify the previous court
orders. The garnishment of the Plaintiff’s SSI, and savings account was nothing short of a
1. This Federal law suit is the direct result of the Defendants Malicious attacks.
2. Plaintiffs have suffered and have endured excessive mental anguish as a result of the
3. Plaintiff Robert Gipson, father of Casey Ryan Gipson has gone through extensive mental
therapy as a direct result of Defendants failure to protect the minor child from neglect and
abuse.
documented testimony from Plaintiff Robert Gipson on the abuse and neglect against the
minor child Casey Ryan Gipson and the civil rights violations against both Plaintiffs.
5. The Defendants and Government agencies listed have violated their oath of office.
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SUPPLEMENTAL EVIDENCE AND EXHIBITS PROVIDED AS ATTACHMENTS
. MYSPACE PORN SITE of Brandy Wilkenson dated August 15, 2008 as Exhibit #1 presented
by Robert Gipson and witness dated on Feb 14, 2009. Presented as evidence on June 2009 in a
hearing held in Benton County Missouri with Honorable Judge Michael Hendrickson presiding.
. MYSPACE PORN SITE, Exhibit #2, dated 2008. Eleven pages starting with Page 2 of 5 and
last page 8 of 8.
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MYSPACE PICTURES
MYSPACE EXHIBIT
#2
A. Dated Aug 15, 2008, shows the flow of traffic coming to the web site and Brandy
MYSPACE EXHIBIT
#3
Exhibit #3 shows the schedule of Brandy Wilkinson’s nightly activities when she was a sex
coach and exploiting sex. These schedules and the reckless life of Brandy Wilkenson subjected
the minor child to a high risk environment. The minor child was left with Jason Warren during
these late night parties and in one incident the minor child was locked outside his house and
burned his hand on a stick from a fire with Jason Warren present. The minor child informed
Plaintiff that his ears were cold and there were no keys to get into the house and his mommy was
gone. . Plaintiff has been alienated from his child and can no longer protect his child from
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PICTURES OF CASEY RYAN GIPSON WHICH DISPLAY ABNORMAL AND
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12. That Jason Warren not be left alone with Casey Gipson for any reason.
13. That no one at any time smoke in the presence of the minor child if in doors or in a car.
14. That no police officer listed as Defendants come within one mile of Plaintiffs
15. That Judge Hendrickson be issued a TRO and be prevented from ruling on any court
issues that involve Plaintiffs
16. That all rulings made by Judge Hendrickson be TRO and the 2005 custody order be
restored.
17. That all Defendants listed be issued a TRO and have no contact with Plaintiffs unless in a
court setting
18. That a new Pediatrician be assigned for the minor child
19. That the GAL Mr Lutman recues himself from his duties
20. That CASA Court Appointed Special Advocate be appointed for the minor child
21. That Ms Peterson be issued a TRO and not be in the presence of the minor child
22. That James Johns, attorney for Defendant Brandy Wilkenson, TRO and recues himself
from any contact with Plaintiffs and reframe from any communication with Brandy
Wilkenson about the minor child or Plaintiff Robert Gipson.
23. That Sheryl Schultz be issued a TRO and make no entries on any of the Plaintiffs court
files.
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COMPLAINT
PART#2
COMES NOW, Robert Gipson, pro se, and for his cause of action for the wrongful taking and
unlawful deprivation of Plaintiff’s rights to parent his minor child, and for the minor child’s right
to be in the custody of his father, against the above named defendants, and for his unlawful
detention, arrest and incarceration by actions of government employees Plaintiffs mental health
and well being has been affected by government workers to the extend Plaintiff has PTSD from
being alienated from his child. Plaintiff states the following: Suit is being brought against all
Defendants in their official capacity and individual capacity. Plaintiff states that qualified
immunity does not exist here for government workers nor does any other immunity. Defendants
violated Plaintiffs Civil Rights at various times from 2002 to most recent in 2009. Government
workers mentioned maliciously and with malice and while under the color of law, restricted
Plaintiffs having their freedom and right to happiness. Malicious Prosecution and Malicious
Arrest have caused enormous harm against Plaintiff Robert Gipson. For over six years the
unjustifiable and unreasonable excessive civil and criminal litigation against Plaintiff Robert
Gipson has caused in the excess of $250,000 dollars. Some Defendants listed were often under
government contract and violated state and federal laws by bringing fraud upon the court,
perverting the course of justice and violating the civil rights of the Plaintiffs. Some Defendants
listed were mandated reporters and purposely neglected to report neglect and abuse that was
reported by the minor child Casey Ryan Gipson and Plaintiff Robert Gipson father of minor
child.
Some Defendants listed knowingly conspired with each other to prosper politically and
financially at the expense of the minor child. Some Defendants listed abused their judicial
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powers to oppress Plaintiffs. Some Defendants listed knowingly that a crime had occurred and
had the Authority to act failed to do so. Some Defendants listed tampered with evidence and
obstructed justice. Some Defendants listed knowingly perverted the course of justice by forging
signatures on official court records. Some Defendants listed slandered Plaintiffs and created
excessive litigation in order to embezzle money and Garnished Plaintiffs bank account. The
funds Garnished were Exempt and executed without a court judgment. Bank of America
conspired with James Johns, attorney for Brandy Wilkenson embezzled money from Plaintiffs
account. Defendant Brandy Wilkenson, James Johns and members from the Missouri Children’s
Division conspired and succeeded in garnishing Plaintiffs Social Security Disability Benefits.
Defendant Mr. Brown from the Sedalia Missouri Social Security Office allowed Brandy
Wilkenson to become the Payee for the money for Plaintiffs child without notifying Plaintiff.
Plaintiff received money for his wounds which occurred in Iraq during his tour in 2003-2004.
Once again in July 2009 Defendant Brandy Wilkenson and her lawyer, James Johns are
attempting to embezzle money from Plaintiff and have accused Plaintiff of conducting a home
Sleep Study and medical testing on his minor child Casey Gipson. Defendants have orchestrated
yet another desperate approach to alienate the minor child from his father. Defendant Brandy
Wilkenson will never stop until she completely and with malice destroys the bond between
Plaintiffs Robert Gipson and son Casey Gipson. Unfounded court orders to restrict the Plaintiffs
to the present visitation of five hours every other Saturday and Sunday has caused and will
continue to destruct the family unity. Police officers from Lincoln Missouri, Cole Camp
Missouri and Benton County Sherriffs office and case workers from the Missouri Children’s
Division, conspired to bring physical and mental harm to plaintiffs. Plaintiff has been subjected
to numerous interviews by police officers and case workers. The minor child has been subjected
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to safe house interviews as the direct result of the Defendant Brandy Wilkenson making false
accusations that the Plaintiff Robert Gipson sexually molested his child Casey Gipson. The
Missouri Children’s Division case workers did video these interviews and refuse to release the
video to the Plaintiff even after Plaintiff has requested so in writing to Ron Levy the Director of
the Missouri Family Services and Jim Harrison the former director of the Missouri Children’s
Division. Medical Doctors and Psychologists failed to inform the court and Authorities about
the adverse medical conditions which have stressed the minor child Casey Ryan Gipson.
Psychologist and Psychiatrist who are mandated reporters failed to report when the minor child
Casey Ryan Gipson stated to them that he was hit in the face by his mother Brandy Wilkenson.
Psychologist failed to protect the minor child when his father and Plaintiff Robert Gipson
presented written reports and documentation of neglect and abuse against the minor child by his
mother Brandy Wilkenson and his step father Jason Warren. Psychologist conspired with case
workers and to gain government contracts and favored case workers from the Missouri
Department of Children Services. Psychologist violated the HEPPA laws by releasing personal
information about Plaintiff Robert Gipson without consent from Plaintiff. Psychologist ignored
witness statements from Plaintiff Robert Gipson about neglect and abuse against the minor child
Casey Ryan Gipson. Directors from the Missouri Family Services and the Missouri Children’s
Division ignored and failed to properly investigate written complaints and Hot Line reports about
the neglect and abuse against Plaintiffs Robert Gipson and Casey Gipson. Video, pictures and
CD which showed neglect and abuse against the child Casey Ryan Gipson was ignored by the
Missouri Department of Family Services which showed the minor child having severe medical
problems with Sleep Apnea, Burn Marks, Excessive bug bites, bruises and Obstructive airway.
Reports of loaded guns, and a home environment that endangered the minor child were ignored
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by case workers from the Missouri Children’s Division. Case workers investigated over fifteen
legitimate reports from the Plaintiff Robert Gipson and also third party reports. These reports
reflect back to the first oven burn which the child received when he was a baby. Reports sense
2003 to 2009 have been poorly investigated and found to be Un-substantiated time after time.
The Investigations conducted were done so in a Haphazard and careless process. The minor
child was observed with obvious bruises, cuts, excessive bug bites, smashed face, burnt arm,
burnt ear by a cigarette. Reports of the child observing his mother getting beat by her husband
Jason Warren were ignored by case workers and school principal Ms Peterson of the Cole Camp
Elementary in Cole Camp Missouri. Head wounds received by the child were ignored by school
teachers. The minor child was struck in the head by the rocks which came from an automobile
that caused the wounds. Police reports, witness statements, video, pictures, CD and court
testimony was presented as evidence and ignored by court judges, case workers, police,
psychologist, doctors, lawyers, school teachers, school principal and church pastors. Third party
witnesses were ignored when they reported by Hot Line calls and written statements to the
Missouri Children’s Division and state officials of the neglect and abuse against the minor child
Casey Ryan Gipson. Witness statements presented in court in person and in writing were
ignored by judges. Judge Larry Burdett and Judge Michael Hendrickson’s Final Judgments and
court rulings were unfounded. Their rulings were unsubstantiated and without merit. Their
rulings were Bias against the Plaintiffs Robert Gipson and Casey Gipson. There was no
substantial evidence, no preponderance of evidence to justify their rulings to modify and court
judgments from 2005 to 2009. The Plaintiffs rights to due process was violated severely Judge
Larry Burdett and Judge Michael Hendrickson allowed their court to be ruled by Brandy
Wilkenson and her two lawyers James Johns and Jim Rice. Case workers manipulated the court
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proceedings by bringing fraud upon the court. Excessive litigation has caused Plaintiff Robert
Gipson to lose over $250, 000, 00 dollars and has caused mental anguish that has affected every
fiber of Plaintiffs life. Court orders and rulings by judge Burdett and Judge Michael
Hendrickson have severed the bond between father and son. Judge Burdett and judge
Hendrickson both have failed to up hold their oath of office and have failed to protect the
Constitutional Rights of Plaintiffs. Both judges allowed expert witnesses to get away with
bringing fraud upon the court and perverting the course of justice. Both judges prevented
Plaintiff Robert Gipson from presenting his motions and restricted Plaintiff from presenting
evidence that would be in the best interest of the minor child. Judge Burdett and Judge Michael
Hendrickson violated the Plaintiffs fourth amendment and created an atmosphere of injustice in
their court room. Judge Burdett held court hearings without the knowledge of Plaintiff. This
allowed Brandy Wilkenson and her lawyer James Rice favor in their case against Plaintiff Robert
Gipson. Judge Burdett along with his clerk of court ignored Plaintiffs request to have his
motions heard. The Clerk failed to give Plaintiff court dates as requested in Plaintiffs motion. It
was not until time was up that Plaintiff was given dates and it was at that time that the Benton
County clerk stated to Plaintiff that she does not read my motions. Plaintiff’s motions requested
that the Clerk provide a time to be heard. Judge Burdett informed the Benton County Clerk, Ms
Schultz not to send Plaintiff a copy of the Final judgment even after Plaintiff put the court on
notice that he was now a Pro-se litigant. Judge Burdett ignored Plaintiffs motion to request that
Jim Rice return Plaintiffs exhibits that were taken from the bench. Plaintiff first entered
pleadings in the Benton County court house in 2003. There has been nothing but injustice and
conspiracy to drain the pockets of Plaintiff through excessive litigation and to deny Plaintiff his
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Some Defendants listed conspired with Brandy Wilkenson Warren and Jason Warren to bring
false accusations of sexual abuse against Plaintiff Robert Gipson. Conspiracy to bring a Child
Protection Order, exparte hearings, child endangerment hearings, false arrest reports, false
contempt actions, false criminal reports, physical threats, threats against Plaintiffs finances,
threats against Plaintiffs home and alienating the minor child from Plaintiff Robert Gipson.
The actions of Defendants have crippled the relationship between the father, Robert Gipson and
his biological son Casey Ryan Gipson. These atrocities will forever burden the family
foundation that was once enjoyed by a loving father and his precious seven year old child. The
destruction and devastation brought against Plaintiffs may be irreversible and may cause a
DEFENDANTS
Deputy Haun
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Chief Kinkinnon
Defendant, Attorney, James Johns, Brandy Wilkenson’s Attorney in 2007 and 2009
Defendant, Former, Attorney James Rice, Attorney for Brandy Wilkenson in 2004,
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Defendant, Dr. Tim Vuagniaux, court appointed psychologist.
Bank of America,
Defendant, MS,
Defendant, MS, Wooleby, Pre-school teacher for minor child,
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FACTS COMMON TO ALL COUNTS
in an amount that will justly compensate Plaintiffs for economic and non-economic damages in
excess of $900,000.00; for punitive damages in such amounts as justice requires; for Plaintiffs’
costs of this action, including reasonable attorney fees; and such other relief as may be granted
by the Court.
in an amount that will justly compensate Plaintiffs for economic and non-economic damages in
excess of $900,000.00; for punitive damages in such amounts as justice requires; for Plaintiffs’
costs of this action, including reasonable attorney fees; and such other relief as may be granted
by the Court. Plaintiff states that he has been forced to file such suit in order to protect the
interest of his minor child. Plaintiff moves to Quash all Summery judgments against this suit by
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any and all Defendants.
in an amount that will justly compensate Plaintiffs for economic and non-economic damages in
excess of $900,000.00; for punitive damages in such amounts as justice requires; for Plaintiffs’
costs of this action, including reasonable attorney fees; and such other relief as may be granted
by the Court.
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COMPLAINT CONTINUED
FROM
2003
2004
2005
2006
2007
See: number 49 thru 52 in part two of complaint. Pages 78 and 79
2008
See: number 54 thru 57 in part two of complaint. Pages 81 thru 83
2009
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See: number 58 thru 60 in part two of complaint. Page 84 and 85
Plaintiff states that all the information provided is true to the best of his knowledge. Notice
of Service is attached. This motion will be e-mailed, hand delivered and sent by U.S.
certified mail to Defendants listed in this motion.
Robert Gipson
105 South Center ST
Lincoln Missouri 65338
660-723-4044 cell
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