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EMERGENCY MOTION
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1. EXPRESSLY, the Plaintiffs sued Defendant corrupt U.S. Officials in their private individual
capacities, because, e.g., fraud, corruption, fraud on the Courts, bribery, and extortion were
outside the scope of their official capacities. Therefore, the sued Defendants could not
possibly have, and of course had no immunity. However here, Defendant Attorney Matthew
L. Fesak deceived the Court by fraudulently and ignorantly pretending “blanket immunity”.
misrepresented, id., p. 2:
“Plaintiff’s first case was not facially improper, but after a full and fair opportunity to
litigate their case, Plaintiffs’ complaint was dismissed as unripe because Plaintiffs had
not availed themselves of state remedies.”
Here, bungling Defendant Attorney Fesak, North Carolina Bar No. 35276, was unfamiliar
with Florida property law. In particular, Defendant Fesak was unfit and dishonest with regard
to, e.g., Florida Statutes, Chapters 73, 74, EMINENT DOMAIN; Ch. 95, ADVERSE
POSSESSION; Ch. 712, MARKETABLE RECORD TITLE ACT. Here, Fesak conspired with
other Defendants to perpetrate and/or perpetuate the other Defendants’ deception and trickery
and conceal fake “land parcels”, fake “resolution” [“O.R. 569/875”], and fake
2. Here, the named party Defendants, Officials, and Defendant Attorney Fesak knew that no
ripeness requirements had ever existed in order for Plaintiffs to plead, e.g., well-proven
record fraud, corruption, extortion, bribery, and deliberate 1st, 14th, 7th, and 4th U.S. Const.
3. Therefore here, Fesak conspired with other Defendants to fraudulently pretend “state
remedies” which Fesak and the other Defendants and Officials knew to be a prima facie
hoax, because the Plaintiffs could of course plead their ripe claims for relief directly in
Federal Court. Fesak and the Defendant Officials knew and fraudulently concealed that the
Plaintiffs had no intent to exchange their unimpeachable record title but rightfully defended
their ownership against fraud, extortion, bribery, and corruption under color of fake paper
“O.R. 569/875”.
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RECORD EMERGENCIES OF CORRUPTION, BRIBERY, AND FRAUD ON COURTS
4. The judicial and Government corruption, fraud, bribery, and extortion on record were
EMERGENCIES, because they violently injured the American people. The Plaintiffs and
American people had fundamental rights to be free of record brazen idiotic Government
oppression in State and Federal Courts since 2006. See, e.g., judicial and Government
5. Here, no intelligent and fit judge and/or official in the Defendants’ and Officials’ shoes could
have possibly determined that Lee County had any “official right” to “claim” “land” and
00001.0000”. See Chapters 73, 74, EMINENT DOMAIN, Ch. 95, ADVERSE POSSESSION;
6. Here, the judicial Defendants conceded the record fraud on the Court that
“Plaintiffs’ complaint was dismissed as unripe, because Plaintiffs had not availed
themselves of state remedies.” See Doc. # 29, p. 2
Here admittedly, the Defendants knew and fraudulently concealed that fraud, corruption,
extortion, and bribery of course could of course be directly pleaded in Federal Court:
“must comply not only with … but also with Fed. R. Civ. P. 9(b)’s heightened
pleading standard.” Id., p. 4.
Here, the Plaintiffs had sued the Defendant crooked Government Officials in STATE Court,
and STATE Court Defendant U.S. Judges John E. Steele and Sheri Polster Chappell
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themselves had removed Plaintiffs ripe legal action from STATE to Federal Court. Here,
Federal jurisdiction had been admittedly “patently clear” as evidenced by said Judges’
removal. Again, the record showed idiotic record Government corruption. See attached
7. Here, the Defendants and Officials fraudulently kept the Plaintiffs away from Court for the
criminal purposes of obstructing justice and covering up for the fellow crooked Government
Defendants and Officials, who had, e.g., concocted a fake “resolution”, fake “land” parcels”
8. The Rules and public policy prohibited the judicial corruption, fraud on the Courts, bribery,
and extortion on the record, which the Plaintiff whistleblowers had conclusively evidenced in
multiple State and Federal lawsuits since 2006. Said record judicial corruption, bribery,
fraud, and extortion were outside the scope of any judicial “immunity”. Just like vexatious
and vile Nazi Officials, here the judicial Defendants pulled the wool over the people’s eyes:
Here, said Defendants, Officials, and Attorneys provided the American people with a
“blanket” of prima facie judicial horseshit for the criminal purposes of concealment and
cover-up.
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RECORD FRAUD EVIDENCE AND DIRECT ATTACK ON JUDGMENT(S)/ORDER(S)
9. It was a hackneyed truism that res judicata does not preclude a litigant from making a direct
attack upon the judgment before the court which renders it. A party may of course introduce
fraud evidence
“with the direct and primary objective of modifying, setting aside, canceling,
See C. Wright & A. Miller, Federal Practice and Procedure at § 4406. Here, the fake
“resolution” and “land parcels” were such prima facie fraud evidence on the public record,
and the Defendant judicial crooks knew and fraudulently concealed that said fake “land
parcels” had never been platted, conveyed, and/or legally described in reference to the 1912
“Cayo Costa” Subdivision Plat in Lee County Plat Book 3, Page 25.
10. Here, the Plaintiffs were of course entitled to directly attack the prima facie fraudulent orders
and judgments, because as a matter of law, involuntary alienation of private property was
never a “legislative” function. See also separation-of-powers Doctrine. Just like the Katrina
and Gulf oil spill disasters proved, U.S. Government screws up all the time as it did over and
11. Just like the fake “weapons of mass destruction” never existed, here U.S. Government
Defendants also employed “weapons of mass deception” such as, e.g., a fake “resolution”,
fake “land parcels”, fake “frivolity”, and fake “vexatiousness”. Defendants’ and Judges’
prima facie idiocy on the record was again embarrassing and for the whole world to see.
12. Plaintiffs’ lawsuits in State and Federal Courts since 2006 had conclusively proven, e.g.,
fraud, fraud on the Courts, corruption, extortion, and deliberate deprivations under color of,
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e.g., sham “claim” and/or “defense” “O.R. 569/875”, which the law did not recognize. Here,
were facially idiotic and incomprehensible. As a matter of law, no “lawmaker” could have
possibly divested the Plaintiffs of their property against Plaintiffs’ will. Any valid
condemnation and/or involuntary alienation would have exclusively been a judicial function.
Here, no judicial proceedings and/or involuntary alienation ever took place as conclusively
evidenced by the record. Here, the Plaintiffs defended their record unimpeachable property
ownership and title against fraud, corruption, bribery, and extortion. Here, the Defendants
and Officials knew and fraudulently concealed that there were no ‘ripeness requirements’.
Here, the Plaintiffs were of course entitled to plead prima facie fraud, corruption, extortion,
DEFENDANTS FAILED TO DEFEND AGAINST NULL & VOID HOAX “O.R. 569/875”
13. Here, the Defendant Officials failed to defend against said proof and allegations on the
record. In particular, said Officials and Judges failed to defend against the idiotic pretenses of
involuntary alienation by fraudulently pretended “virtue of” prima facie scam and hoax
“O.R. 569/875”.
14. Because the record corruption, bribery, fraud, and extortion by the Defendant U.S. Judges
and Officials were outside the scope of any lawful judicial and/or governmental activity, the
Plaintiffs expressly sued the Defendant corrupt Judges in their individual private capacities.
15. Here, public policy demanded criminal investigation and prosecution of the Defendant
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16. Here, U.S. Officials refused to investigate and prosecute the Defendant corrupt Judges and
Officials for the criminal purposes of concealing said record crimes. Here, public policy had
absolutely required equal prosecution. Here, judges were no different from any other citizen.
17. In “Document 29, 06/30/10”, the “United States of America”, “by and through its Defendant
fraudulently pretended that Plaintiffs’ proof and allegations of, e.g., corruption, extortion,
18. Here, the Plaintiffs had expressly sued the Defendants and Officials in their private
individual capacities. See Doc. # 1. However falsely and shamelessly, the Defendant crooked
“Insofar as this is an official capacity suit properly brought against the United States
and not the individual federal officers …” See Doc. # 29, p. 5, fn 2.
19. Here unintelligently, Defendant M. Fesak, on behalf of the crooked Officials, rambled about
“… Plaintiffs utter contempt of this Court’s authority, principles of res judicata, and
the rule of law;”
Here, the rule of law prohibited Defendants’ and Officials’ fraud, fraud on the Courts,
corruption, and deliberate deprivations under color of sham “land” and “parcel” “claims”.
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20. Said prima facie false pretenses were absurd as easily illustrated and explained by the fact
that judges were and are of course not “immune” from, e.g., murder or other crimes outside
21. Just like, e.g., Nazi Judges in Nazi Germany were not “immune” from prosecution, the
Defendant Nazi-style Officials in these Government corruption Cases had to defend against
their crimes on the public record. Cover-up was not any option. Idiotically blurting out
“frivolity” and “vexatiousness” was not any option under the rule of law.
22. Here of course, the Plaintiffs were entitled to, e.g., equitable relief. Here, said Defendants’
ignorance and arrogance were injurious. Here, the Plaintiffs were entitled to defend against
23. Here, said Defendants extorted and conspired to extort property and fees under fraudulent
pretenses and color of authority, office, and/or fake “resolution” “O.R. 569/875”.
“condemnation” [“O.R. 569/875”] was an idiotic crime. Here, no fit and intelligent judge
could have possibly concocted such judicial trash, because any and all involuntary alienation
of property would have been exclusively a judicial function. Here, no court judgment/order
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"the obtaining of property from another induced by wrongful use of actual or
threatened force, violence, or fear, or under color of official right."
26. Here, Defendants and Defendant Government Officials conspired to fraudulently interact,
defraud, deliberately deprive, bribe Officials, and extort property and fees from the Plaintiffs
under color of, e.g., authority, office, and official right. Here, no Government ever had any
official right or authority to “claim” any “lands”. Here, Defendant Officials and Judges
fraudulently concealed the prima facie criminality and nullity of said Government scam
“O.R. 569/875”.
Fesak from these proceedings, because he deceived the Court and conspired with other
Defendants to keep the Plaintiffs away from Court and defraud them under color of scam
2. An EMERGENCY Order enjoining the Defendant Officials, Judges, U.S. Attorneys, and
other Officials from perpetuating the perpetration of fraud on the Courts since 2006;
3. An EMERGENCY Order vacating the facially fraudulent orders and judgments in any
4. An EMERGENCY Order enjoining the Defendant Officials, Judges, U.S. Attorneys, and
other Officials from perpetrating fraud on the Courts under fraudulent pretenses of
purportedly “unripe” claims, because the Plaintiffs rightfully pleaded fraud, corruption,
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extortion directly in Federal Court and defended their record ownership against Defendants’
5. An EMERGENCY Order enjoining the Defendant Officials, Judges, U.S. Attorneys, and
other Officials on the record from fraudulently pretending “res judicata” and “immunity”,
because corruption, bribery, fraud, and extortion under facially false pretenses of scandalous
scam “O.R. 569/875” were outside any Government and/or judicial scope of lawful activity
and did not preclude Plaintiffs’ direct attack on the facially fraudulent orders and judgment
6. An EMERGENCY Order enjoining the Defendants and Officials from further concealing
01-00001.0000”, which could not be found on said 1912 Plat in Plat Book 3, Page 25;
7. An EMERGENCY Order enjoining the Defendant Officials, Judges, U.S. Attorneys, and
other Officials on the record from fraudulently pretending “res judicata” and “immunity”,
because corruption, bribery, fraud, and extortion under facially false pretenses of scandalous
scam “O.R. 569/875” were outside any Government and/or judicial scope of lawful activity;
8. An EMERGENCY Order enjoining the Defendant Officials, Judges, U.S. Attorneys, and
other Officials on the record from the absurd pretenses of “immunity”, because of course the
corruption and Government crimes on the record demanded equal prosecution and
investigation of the Defendant Officials and Judges under the Rules and public policy;
9. An EMERGENCY Order enjoining the Defendant Officials, Judges, U.S. Attorneys, and
other Officials from corruptly concocting “frivolity” and “vexatiousness” for criminal
purposes of extending prima facie fraud and extortion scheme “O.R. 569/875” and
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10. An EMERGENCY Order for the removal of prima facie scam “O.R. 569/875” from the
public record;
Honeywell from concealing Plaintiffs’ unimpeachable record ownership of Lot 15A, Parcel #
ownership by the U.S. Court of Appeals for the 11th Circuit, Prescott, et al., v. State of
Florida, et al., 343 Fed. Appx. 395, 396-97 (11th Cir. Apr. 21, 2009);
because she disrespected the law, disrupted the proceedings in favor of the Defendants,
perverted the facts of record, and could not possibly be trusted to be impartial and fair, 28
__________________________________
/S/JENNIFER FRANKLIN PRESCOTT
Governmental Corruption & Fraud Victim, Plaintiff, pro se
P.O. BOX 845, Palm Beach, FL 33480; T: 561-400-3295
_______________________________________
/S/JORG BUSSE, M.D., M.M., M.B.A., C.P.M.
Judicial Corruption & Crime Victim; Plaintiff, pro se
State Cert. Res. Appraiser, Licensed Real Estate Broker, Mortgage Broker, Appraisal Instructor;
JRBU@aol.com
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Defendant Crooked Officials’Real Estate Fraud Scheme
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13
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RESOL~JTIOX PERTAZNIdC TO PUBLIC ws
--p--m IN CAS’O COSTA SUSO!V3S3$y-c-
claim all of raid lands and accretions thereto for the use
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SECTION 4. This Resolution shall take effect immediately upon its
adoption.
ROBERT P. JANES
BRIAN BIGELOW
RAY JUDAH
TAMMARA HALL
FRANK MANN
By:
Chairman
ATTEST:
Clerk
County Attorney
11
Case 2:07-cv-00228-JES-SPC Document 276 Filed 12/03/07 Page 14 of 18
Case 2:07-cv-00228-JES-SPC Document 276-2 Filed 12/03/07 Page 5 of 10
Case 2:07-cv-00228-JES-SPC Document 276-2 Filed 12/03/07 Page 7 of 10
http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!
JACK N. PETERSON
IMAGES OF A FRAUDSTER
http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!
Case 2:07-cv-00228-JES-SPC Document 276 Filed 12/03/07 Page 7 of 18
Case 2:07-cv-00228-JES-SPC Document 276 Filed 12/03/07 Page 8 of 18
Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 1 of 23
Plaintiffs,
Defendants.
/
ORDER
THIS CAUSE is before the Court on five motions to dismiss: 1) Defendants A. Brian
Albritton, Sean P. Flynn, E. Kenneth Stegeby, and David P. Rhodes filed their Motion to Dismiss
Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 5 of 23
Motions for Change of Venue Because of Proven Judicial Corruption, Bribery, and Criminal
Concealment of Record Absence of Any “Lee County” Title or Ownership of Facially Forged Parcels
“12-44-20-01-00000.00A0" & 07-44-21-01-00001.0000 filed on June 17, 2010 (Dkt. 192); 24)
Emergency Motion for Recusal of Defendant Crooked Judge Charlene Edwards Honeywell, 28
U.S.C. § 455, 18 U.S.C. §§ 241, 242 filed on June 17, 2010 (Dkt. 193); and 25) Emergency Motion
for Order to Show Good Cause Why Crooked Judge C.E. Honeywell is Not Conspiring to Criminally
Evidenced by 1912 Plat in Lee County Plat Book 3, Page 25, and Transcript of 11/07/2007 Court
Hearing Before Crooked Chappell filed on June 17, 2010 (Dkt. 194).
I. BACKGROUND4
Plaintiffs allege that they are the owners of Lot 15A in the Cayo Costa Subdivision of Lee
County, Florida (Dkt. 1, ¶1; Dkt. 5, ¶1). In a resolution adopted in December 1969 by the Board of
Commissioners of Lee County, Florida, Lot 15A, among other property, was claimed as public land
(“Resolution 569/875") (Dkt 5, Ex. 3, p. 9). See Prescott, et al., v. State of Florida, et al., 343 Fed.
Appx. 395, 396-97 (11th Cir. Apr. 21, 2009); Busse, et al. v. Lee County, Florida, et al., 317 Fed.
On November 17, 2009, Plaintiff Busse appeared for a “quasi-judicial proceeding[]” before
a Special Magistrate of the Value Adjustment Board of Lee County, Florida (Dkt. 1, p. 2; Dkt. 64,
Ex. 1). Busse appealed a denial of agricultural classification of Lot 15A (Dkt. 64, Ex. 1, p. 38).
Special Magistrate Lori Rutland noted that although he appealed a denial of the agricultural
4
Plaintiffs’ Complaint is over one hundred (100) pages and does not clearly explain or
designate the factual bases of the underlying causes of action. Based on multiple reviews of the
Complaint, in addition to the opinions written by the Eleventh Circuit, this Court attempts to
summarize the bases of Plaintiffs’ claims.
-5-