EVER GROWING SPILL OF JUDICIAL CORRUPTION

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O.R. 569/875
Name 1 2 3 4 5 6 7 8 Court Case No. Filed NOS Closed 890 440 440 440 440 440 440 440 02/04/2009 05/06/2008 06/04/2009 07/25/2008 11/05/2009 02/11/2009 BUSSE, JORG flmdce BUSSE, JORG flmdce BUSSE, JORG flmdce BUSSE, JORG flmdce BUSSE, JORG flmdce BUSSE, JORG flmdce BUSSE, JORG flmdce BUSSE, JORG flmdce 2:2009cv00041 01/23/2009 2:2010cv00089 02/09/2010 2:2007cv00228 04/10/2007 2:2009cv00341 05/26/2009 2:2008cv00364 05/07/2008 2:2009cv00602 09/11/2009 2:2009cv00791 12/04/2009 2:2008cv00899 12/05/2008

5/29/2010

Electronic Case Filing | U.S. District Co…

U.S. District Court Middle District of Florida (Ft. Myers) CIVIL DOCKET FOR CASE #: 2:09-cv-00791-CEH-SPC
Prescott et al v. Alejo et al Assigned to: Judge Charlene E. Honeywell Referred to: Magistrate Judge Sheri Polster Chappell Case in other court: 09-16203-H 09-16205-H 09-16206H 09-16207-H 09-16208-H 10-10645-F 10-11628-D 10-11629-D 10-11630-D 10-11631-D 10-11632-D 10-11633-D 10-11634-D 10-12134-H Florida Southern, 9:09-cv-82359 Cause: 28:1331 Fed. Question Date Filed 12/01/2009 # Docket Text Date Filed: 12/04/2009 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

1 COMPLAINT against A. Brian Albritton, Roger Alejo, Peterson Bernard, Brian Bigelow, Steven Carta, Roger Desjarlais, Sean P. Flynn, Tom Gilbertson, Charlie Green, Tammy Hall, Karen B. Hawes, Hugh D. Hayes, Bob Janes, Johnson Engineering, Inc., Ray Judah, Chad Lach, Lee County Florida, Lee County Value Adjustment Board, Frank Mann, William M. Martin, Jack N. Peterson, Cynthia A. Pivacek, Skip Quillen, David P. Rhodes, Reagan Kathleen Russell, Lori L. Rutland, Mike Scott, Gerald D. Siebens, State of Florida Attorney General, State of Florida, Board of Trustees of the Internal Improvement Trust Fund, State of Florida, Department of Environmental, E. Kenneth Stegeby, Charles "Barry&quo Stevens, United States Attorney(s), Kenneth M. Wilkinson., filed by Jennifer Franklin Prescott.(lh) [Transferred from flsd on 12/4/2009.] (Entered: 12/02/2009) 2 Filing fee: For new case $ 350.00, receipt number 726644 (lh) [Transferred from flsd on 12/4/2009.] (Entered: 12/02/2009) 3 ORDER Transferring and Closing Case. The Clerk of the Court is hereby directed to CLOSE this case. Signed by Senior Judge Kenneth L. Ryskamp on 12/3/2009. (asl)
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12/01/2009 12/04/2009

ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p…

Beyond Perverted CRIMINAL

JUDICIAL CORRUPTION EVER GROWING SPILL

CASES FIXED FOR BRIBES
Name 1 2 3 4 5 6 7 8 Court Case No. Filed NOS Closed 890 440 440 440 440 440 440 440 02/04/2009 05/06/2008 06/04/2009 07/25/2008 11/05/2009 02/11/2009 BUSSE, JORG flmdce BUSSE, JORG flmdce BUSSE, JORG flmdce BUSSE, JORG flmdce BUSSE, JORG flmdce BUSSE, JORG flmdce BUSSE, JORG flmdce BUSSE, JORG flmdce 2:2009cv00041 01/23/2009 2:2010cv00089 02/09/2010 2:2007cv00228 04/10/2007 2:2009cv00341 05/26/2009 2:2008cv00364 05/07/2008 2:2009cv00602 09/11/2009 2:2009cv00791 12/04/2009 2:2008cv00899 12/05/2008

FEDERAL CORRUPTION IN FORT MYERS, FLORIDA ORGANIZED CONCEALMENT OF GOV. FORGERIES & FRAUD

Judicial Corruption & Fraud

Judge Charlene E. Honeywell

LAND & BLOOD

CERTIFIED DELIVERY

EMERGENCY MOTION FOR EQUAL COURT ACCESS 7. Again, the Plaintiffs move for equal court access in this electronic Court. For the criminal purpose of extending and concealing Governmental fraud and extortion scheme O.R. 569/875”, this Court has obstructed the pro se Plaintiffs’ electronic Court access. Here, electronic court access is the only practical court access from remote parts of the world where mail is unavailable. JUDICIAL CRIMES & OBSTRUCTION OF JUSTICE 8. In Doc. # 338, p. 12, Civil Rights Case # 2:07-cv-228-FtM-JES-SPC, Defendant crooked Judge John Edwin Steele expressly verbalized his obstruction of justice and prejudice: “The copy of the Resolution attached to the Third Amended Complaint establishes that it was signed, executed, and duly recorded in the public records, and plaintiff will not be allowed to assert otherwise.”

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merely because state mandated procedures were not followed.

First

Assembly of God of Naples, Florida, Inc. v. Collier County, Fla., 20 F.3d 419, 422 (11th Cir. 1994). In this regard, some of the

allegations in the Third Amended Complaint are contradicted by the Resolution which is attached to it. The copy of the Resolution

attached to the Third Amended Complaint establishes that it was signed, executed, and duly recorded in the public records, and plaintiff will not be allowed to assert otherwise. The remaining

claimed defects are arguments concerning state law which do not arise to a constitutional level. Finally, plaintiff fails to state a procedural due process claim because he has failed to allege that Florida law provided him with an inadequate post-deprivation

remedy, Tinney v. Shores, 77 F.3d 378, 382 (11th Cir. 1996), and as discussed above it is clear that Florida does provide adequate post-deprivation remedies. Therefore, any claim founded on

procedural due process will be dismissed. D. Equal Protection Claim: Plaintiff also alleges that the Resolution violated his equal protection rights. “To properly plead an equal protection claim,

a plaintiff need only allege that through state action, similarly situated persons have been treated disparately.” Boyd v. Peet, 249 Fed. Appx. 155, 158 (11th Cir. 2007)(citation omitted). See also

Executive 100, Inc. v. Martin County, 922 F.2d 1536, 1552 (11th Cir. 1991). The Third Amended Complaint does not identify any

similarly situated person with whom plaintiff can be compared. The
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JORG BUSSE Plaintiff, vs. Case No. 2:07-cv-228-FtM-29SPC

LEE COUNTY, FLORIDA; BOARD OF LEE COUNTY COMMISSIONERS; KENNETH M. WILKINSON; LEE COUNTY PROPERTY APPRAISER’S OFFICE; STATE OF FLORIDA, BOARD OF [PAST & PRESENT] TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND DIVISION OF RECREATION AND PARKS; LEE COUNTY ATTORNEY; JACK N. PETERSON, Defendants. ___________________________________

OPINION AND ORDER This matter comes before the Court on the following motions: (1) defendant Property Appraiser’s Motion to Dismiss and Close File (Doc. #285), to which plaintiff filed a Response (Doc. #302); (2) defendants State of Florida Board of Trustees of the Internal Improvement Trust Fund (Trustees) and Florida Department of

Environmental Protection’s (DEP) Joint Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Cause of Action (Doc. #291), to which plaintiff filed a Response (Doc. #316); (3)

defendant The Lee County Appraiser’s Motion to Dismiss for Lack of

ORDERED: 1. Defendant Property Appraiser’s Motion to Dismiss

Plaintiff’s Third Amended Complaint (Doc. #303) is GRANTED to the extent set forth in paragraph 5 below. 2. Defendant Property Appraiser’s Motion to Dismiss and

Close File (Doc. #285) is DENIED as moot. 3. State of Florida Department of Environmental Protection

and Division of Recreation and Parks, State of Florida, and Board of Trustees of the Internal Improvement Trust Fund’s Joint Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Cause of Action (Doc. #291) is GRANTED to the extent set forth in paragraph 5 below. 4. Defendants Lee County, Florida, Board of Lee County

Commissioners, Lee County Attorney, Jack N. Peterson’s Motion to Dismiss (Doc. #304) is GRANTED to the extent set forth in paragraph 5 below. 5. The Third Amended Complaint is dismissed without

prejudice as to all defendants and all claims.

The Clerk shall

enter judgment accordingly, terminate all pending motions as moot, and close the case. DONE AND ORDERED at Fort Myers, Florida, this May, 2008. 5th day of

Copies: Parties of record

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Beyond Perverted

Bribed U.S. Judge John E. Steele

O.R. 569/875

Brazen Profanity Judicial Corruption

http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!

DEF. JACK N. PETERSON
IMAGES OF CONSPIRACY TO CONCEAL CORRUPTION AND GOVERNMENT SCAM

O.R. 569/875

http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!

AMERICAN POISON

JUDICIAL CORRUPTION

Beyond Perverted

http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!

U.S. GOVERNMENT FORGERY “O.R. 569/875”

http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!

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#!

http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!

http://www.scribd.com/Judicial% 20Fraud

http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!

http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!

JACK N. PETERSON
http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!

Charlene Edwards Honeywell

FEAR FOR YOUR LIFE
SECRETS OF U.S. JUDICIAL TERROR

SECRET 1: Judicial bribery & corruption are customary and TYPICAL. SECRET 2: U.S. democracy is DEAD. Don’t be a naïve sheep! SECRET 3: Any faith in U.S. justice is your foe. There is NONE, so deal with it! SECRET 4: Facts, law, reason, logic CANNOT possibly stop the judicial case fixing machine. SECRET 5: Lawyers play along to get along – Don’t waste your money & time! SECRET 6: The Mafia is cute compared to the U.S. judicial gang. They even wear colors. SECRET 7: Expect terror & threats as if you were in Nazi Germany. Watch for the smell of gas! SECRET 8: Trained for terror, only the most corrupt judges succeed on America’s benches. SECRET 9: NOTHING favorable will ever happen in your case – Face reality & STOP being a fool! SECRET 10: By agreement, pro se Plaintiffs will NEVER win any important or critical case. SECRET 11: America is NOT what you have been brain washed to believe: Spell CORRUPTION! SECRET 12: Do NOT appear in court or party with the Mafia. Plain and short, it could be unhealthy. SECRET 13: Property, life, and freedom mean LESS in America than in China. Go travel and see! SECRET 14: Before you disappear, leave lots of information. Someone might read it. Good luck!

God bless America, Anarchy, BP, Corruption, and Judge Charlene Edwards Honeywell.

NOTHING WAS DONE …

…UNTIL IT WAS TOO LATE

FEAR FOR YOUR LIFE
U.S. PUNISHMENT & ‘SANCTIONS’

U.S. COVER-UP OF SCAM O.R. 569/875:

U.S. JUDICIAL CASE FIXING: DEPRIVE – DEFRAUD – DENY DISALLOW – DISMISS
U.S. JUDICIAL FRIVOLITY SCAM

GOVERNMENTAL TRICKERY & DECEPTION:

U.S. COURT OF APPEALS th 11 CIRCUIT

Beyond Anarchy

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ________________________ No. 08-13170 Non-Argument Calendar ________________________
ELEVENTH CIRCUIT MAR 5, 2009 THOMAS K. KAHN CLERK

D. C. Docket No. 07-00228-CV-FTM-29-SPC JORG BUSSE, Plaintiff-Appellant, KENNETH M. ROESCH, JR., et al., Plaintiffs, versus LEE COUNTY, FLORIDA, BOARD OF LEE COUNTY COMMISSIONERS, THE LEE COUNTY PROPERTY APPRAISER, STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, KENNETH M. WILKINSON, et al., Defendants-Appellees. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (March 5, 2009)

Before TJOFLAT, BIRCH and DUBINA, Circuit Judges. PER CURIAM: Jorg Busse, proceeding pro se, appeals the district court’s dismissal of his third amended complaint in his civil rights action against various state and local governmental entities and officials in Florida, pursuant to 42 U.S.C. §§ 1983 and 1985. The district court dismissed Busse’s federal claims because he had either failed to adequately plead them or had not established federal subject matter jurisdiction. In the absence of any viable federal claims, the court declined to retain jurisdiction over Busse’s state law claims. Based on our review of the record and the parties’ briefs, we AFFIRM the dismissal. I. BACKGROUND On 10 December 1969, the Board of Commissioners of Lee County, Florida (“the Board”) adopted a resolution claiming certain lands in the Cayo Costa subdivision as public lands (“the Resolution”). R10-288 at 9. In the Resolution, the Board identified the relevant lands by reference to a map of the subdivision which showed that, along with a number of designated land parcels in the subdivision, there were also a number of unidentified areas on the eastern and western edges of the subdivision. Id. The Board laid claim to all of these nondesignated parcels “and accretions thereto for the use and benefit of the public for public purposes.” Id.

Busse asserts that he currently owns Lot 15A of the Cayo Costa subdivision along with all accretions thereto and that the Resolution violates his property rights under both federal and state law. Id. at 1. To vindicate his rights, he brought suit in the United States District Court for the Middle District of Florida against an array of state and local parties, including the Lee County Board of Commissioners, the county property appraiser, and the Florida Department of Environmental Protection.1 Id. In his third amended complaint, Busse made six claims: unconstitutional deprivation under 42 U.S.C. § 1983; unconstitutional temporary takings; trespass; conspiracy, fraud, and malfeasance regarding the designation of certain unplatted lots; conspiracy to materially misrepresent and defraud; and oppression or slander of title. Id. at 3–8. He asserted that an array of statutory and constitutional provisions supported the exercise of jurisdiction: two civil rights acts — 42 U.S.C. § 1983 and 28 U.S.C. § 1343; Articles Three and Four and the Due Process and Equal Protection Clauses of the Fifth and Fourteenth Amendments of the United States Constitution; the 1899 Rivers and Harbors Appropriation Act (33 U.S.C. § 403); the 1862 Homestead Act, the federal common law doctrine of

The full list of defendants includes: Lee County, Florida; the Board of Lee County Commissioners, in their official and private capacities; Kenneth M. Wilkinson, the Lee County property appraiser, in his official and private capacity; the State of Florida Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, in their official and private capacities; the Florida Department of Environmental Protection, the Florida Division of Recreation and Parks, and the Cayo Costa State Park staff, in their individual and private capacities; and Jack N. Peterson, Lee County Attorney, in his official and private capacity. Id.

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accretion and erosion; the Federal Appraisal Standards, Uniform Standards of Professional Appraisal Practice, and 12 U.S.C. §§ 3331–3351; and the Federal Declaratory Judgment Act (28 U.S.C. § 2201). Id. at 2–3. The defendants subsequently filed separate motions to dismiss Busse’s third amended complaint, primarily based on lack of subject matter jurisdiction and failure to state a claim. R10-285, 291, 303, 304. The district court granted these motions and dismissed Busse’s third amended complaint. R11-338. In so doing, the court first found that Busse had made out a valid takings claim but that it had no jurisdiction over that claim since he had failed to show that he had pursued all available state remedies before bringing suit. Id. at 7–10. The court then concluded that Busse had not made out a valid claim under any of his other alleged federal bases. Id. at 10–15. Given that the court did not have jurisdiction over any of Busse’s federal claims, it chose to dismiss his state law claims. Id. at 15. Busse now appeals the dismissal of all of the claims in his third amended complaint. II. DISCUSSION We review de novo a district court’s legal conclusions regarding subject matter jurisdiction, including the determinations that a claim is not ripe or that the court lacks subject matter jurisdiction over it. See Lanfear v. Home Depot, Inc., 536 F.3d 1217, 1221 (11th Cir. 2008); Elend v. Basham, 471 F.3d 1199, 1204 (11th Cir. 2006). We also “review a grant of a motion to dismiss for failure to state

a claim de novo, accepting the allegations in the complaint as true and construing them in the light most favorable to the plaintiff.” Gandara v. Bennett, 528 F.3d 823, 826 (quotation marks and citation omitted). The decision not to exercise supplemental jurisdiction over a state law claim is reviewed for abuse of discretion. See Parker v. Scrap Metal Processors, Inc., 468 F.3d 733, 738 (11th Cir. 2006). Since Busse is proceeding pro se, we construe his pleadings liberally. See Miller v. Donald, 541 F.3d 1091, 1100 (11th Cir. 2008). On appeal, Busse argues that the district court erred in dismissing his federal claims. He asserts that his Takings Clause claim was ripe for review and that he had properly stated claims involving violations of his procedural due process, equal protection, and substantive due process rights under the Fifth and Fourteenth Amendments.2 Additionally, we read Busse’s brief liberally to argue that the district court abused its discretion in refusing to exercise supplemental jurisdiction over his state law claims. We address these arguments in turn. A. Takings Clause Claims
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Busse’s brief on appeal does not discuss the other jurisdictional bases cited in his third amended complaint — Articles Three and Four of the United States Constitution; the 1899 Rivers and Harbors Appropriation Act; the 1862 Homestead Act; the federal common law doctrine of accretion and erosion; the Federal Appraisal Standards, Uniform Standards of Professional Appraisal Practice, and 12 U.S.C. §§ 3331–3351; and the Federal Declaratory Judgment Act. Generally arguments not raised in a brief on appeal are deemed abandoned. See Horsley v. Feldt, 304 F.3d 1125, 1131 n.1 (11th Cir. 2002). Furthermore, we agree with the district court’s analysis of these provisions and find that none of them could serve as a potential jurisdictional basis for Busse’s claims. See, e.g., Arthur v. Haley, 248 F.3d 1302, 1303 n.1 (11th Cir. 2001) (per curiam) (noting that appellate courts can and should sua sponte inquire into subject matter jurisdiction whenever it appears to be lacking).

Busse contends that the Resolution constituted an unconstitutional taking of his property rights in Lot 15A. The Fifth Amendment prohibits the taking of private property “for public use, without just compensation” — a condition made applicable to the States by the Fourteenth Amendment. U.S. Const. amend. V; Palazzolo v. Rhode Island, 533 U.S. 606, 617, 121 S. Ct. 2448, 2457 (2001) (noting that the Fourteenth Amendment made the Takings Clause applicable to the States). A plaintiff can bring a federal takings claim only if he can show that he did not receive just compensation in return for the taking of his property. See Eide v. Sarasota County, 908 F.2d 716, 720 (11th Cir. 1990). As a result, for a takings claim to be ripe, a plaintiff must demonstrate that he unsuccessfully “pursued the available state procedures to obtain just compensation” before bringing his federal claim. Id. at 721. In this case, Busse’s claim would not be ripe because he has not shown that he attempted to obtain or secure relief under established Florida procedures. Since at least 1990, Florida courts have recognized that an inverse-condemnation remedy is available for alleged takings violations. See Reahard v. Lee County, 30 F.3d 1412, 1417 (11th Cir. 1994). Busse contends that his claim would still be ripe since that remedy was unavailable in 1969 when the Board of Commissioners enacted the Resolution. However, our past circuit precedent dictates “that a Florida property owner must pursue a reverse condemnation remedy in state court

before his federal takings claim will be ripe, even where that remedy was recognized after the alleged taking occurred.” Id. Accordingly, regardless of whether Busse has a valid property interest in Lot 15A, because he has not alleged that he sought and was denied compensation through available state procedures, his Takings Clause claim would not be ripe for review. We thus conclude that the district court did not err in finding that it lacked subject matter jurisdiction over Busse’s Takings Clause claim. B. Procedural Due Process Claims Busse asserts that his procedural due process rights were violated since Lee County had no authority to take his land nor jurisdiction over it and because the Resolution was improperly executed. The Fourteenth Amendment provides that no state shall “deprive any person of life, liberty, or property, without due process of law.” U.S. Const. amend. XIV, § 1. A plaintiff could make a procedural due process claim by challenging the procedures by which a regulation was adopted, including the failure to provide pre-deprivation notice and hearing. See Villas of Lake Jackson, Ltd. v. Leon County, 121 F.3d 610, 615 (11th Cir. 1997); Zipperer v. City of Fort Myers, 41 F.3d 619, 623 (11th Cir. 1995). For such a claim to be valid, however, the plaintiff would have to allege that state law failed to provide him with an adequate post-deprivation remedy. See Tinney v. Shores, 77 F.3d 378, 382 (11th Cir. 1996) (per curiam).

Based on these standards, we find that Busse has failed to state a valid procedural due process claim. Florida provides him an adequate post-deprivation remedy, inverse condemnation, and he makes no argument that this procedure is inadequate. Even if it was inadequate, though, Busse still would not have a valid procedural due process claim. The Resolution constituted a legislative act since it was a general provision that affected a large number of persons and area, 200 acres in all, rather than being specifically targeted at Busse or his immediate neighbors. See 75 Acres, LLC v. Miami-Dade County, Fla., 338 F.3d 1288, 1294 (11th Cir. 2003). Since alleged problems with the adoption of such acts cannot serve as the basis for a procedural due process claim, Busse could not cite them as the basis for his claim. See id. (noting that “if government action is viewed as legislative in nature, property owners generally are not entitled to procedural due process”). Accordingly, we find that the district court did not err in dismissing Busse’s procedural due process claims. C. Equal Protection Claims Busse also argues that his equal protection rights were violated because the Board, in adopting the Resolution, treated differently privately-owned property and state-owned property.3 The Fourteenth Amendment forbids states from “deny[ing]
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In his brief on appeal, Busse argues that he experienced different treatment than other landowners in Lee County. However, we need not address this argument since he did not mention this in his third amended complaint and we find that none of the exceptions that would allow us to consider an issue not raised before the district court would apply here. See Narey v.

to any person within its jurisdiction the equal protection of the laws.” U.S. Const. amend. XIV, § 1. “[T]o properly plead an equal protection claim, a plaintiff need only allege that through state action, similarly situated persons have been treated disparately.” Thigpen v. Bibb County, 223 F.3d 1231, 1237 (11th Cir. 2000) abrogated on other grounds by National R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 122 S. Ct. 2061 (2002). Under Florida law, counties can exercise eminent domain over any land that is not owned by the state or federal government. See Fla. Stat. § 127.01(1)(a) (2006). Since a state landowner would not be subject to the eminent domain power but Busse, as a private landowner, would be, Busse could not be similarly situated to a state landowner. Busse therefore cannot rely on his disparate eminent domain treatment vis-a-vis state landowners as the basis for an equal protection claim. Since Busse made no other allegations of disparity in his third amended complaint, we find that he has failed to plead a valid equal protection claim and that the district court correctly dismissed this claim. D. Substantive Due Process Claim Busse also appears to allege that the Resolution denied him his substantive due process property rights. Substantive due process protects only those rights that are “fundamental,” a description that applies only to those rights created by the

Dean, 32 F.3d 1521, 1526-27 (11th Cir. 1994) (discussing the exceptions to this general rule).

United States Constitution. See Greenbriar Village, L.L.C. v. Mountain Brook, City, 345 F.3d 1258, 1262 (11th Cir. 2003) (per curiam). Property rights would not be fundamental rights since they are based on state law. See id. Busse thus could not bring a viable substantive due process claim based on the alleged denial of a state-defined property right. See id. Accordingly, we find that the district court properly dismissed his substantive due process claims.4 E. Supplemental Jurisdiction Busse also contends that the court abused its discretion in not hearing his pendent state law claims. “The decision to exercise supplemental jurisdiction over pendent state claims rests within the discretion of the district court.” Raney v. Allstate Ins. Co., 370 F.3d 1086, 1088–89 (11th Cir. 2004) (per curiam). Since the district court “had dismissed all claims over which it has original jurisdiction,” it therefore had the discretion not to exercise supplemental jurisdiction over Busse’s state law claims. 28 U.S.C. § 1367(c)(3). Furthermore, we expressly encourage district courts to take such action when all federal claims have been dismissed pretrial. See Raney, 370 F.3d at 1089. Accordingly, the district court did not abuse

The district court, in addressing Busse’s substantive due process claim, mentions that assertions of irrational and arbitrary government action could not serve as the basis for such a claim. Even under a liberal reading of Busse’s complaint, though, we do not think he made such allegations. In the third amended complaint, he discusses takings violations and procedural problems with the enactment of the Resolution but never questions the rationale for its passage. Accordingly, we need not address whether he has a valid substantive due process claim based on arbitrary and capricious government action.

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its discretion when it chose not to retain supplemental jurisdiction over Busse’s state law claims. III. CONCLUSION Busse contends that the district court incorrectly dismissed his federal claims regarding alleged takings and deprivations of property rights. Since Busse’s takings claim was not ripe because he had not pursued available state remedies and he failed to adequately plead his other federal claims, the district court correctly dismissed all of these claims. As a result, despite Busse’s objections to the contrary, the district court also did not commit an abuse of discretion in not exercising jurisdiction over his state law claims. Accordingly, we AFFIRM the district court’s dismissal of Busse’s third amended complaint. AFFIRMED.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JORG BUSSE Plaintiff, vs. Case No. 2:07-cv-228-FtM-29SPC

LEE COUNTY, FLORIDA; BOARD OF LEE COUNTY COMMISSIONERS; KENNETH M. WILKINSON; LEE COUNTY PROPERTY APPRAISER’S OFFICE; STATE OF FLORIDA, BOARD OF [PAST & PRESENT] TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND DIVISION OF RECREATION AND PARKS; LEE COUNTY ATTORNEY; JACK N. PETERSON, Defendants. ___________________________________

OPINION AND ORDER This matter comes before the Court on the following motions: (1) defendant Property Appraiser’s Motion to Dismiss and Close File (Doc. #285), to which plaintiff filed a Response (Doc. #302); (2) defendants State of Florida Board of Trustees of the Internal Improvement Trust Fund (Trustees) and Florida Department of

Environmental Protection’s (DEP) Joint Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Cause of Action (Doc. #291), to which plaintiff filed a Response (Doc. #316); (3)

defendant The Lee County Appraiser’s Motion to Dismiss for Lack of

Jurisdiction (Doc. #303), to which plaintiff filed a Response (Doc. #317); and (4) defendant Board of Lee County Commissioners’ Motion to Dismiss (Doc. #304), to which plaintiff filed a Response (Doc. #318). Because Plaintiff is proceeding pro se, his pleadings are

held to a less stringent standard than pleadings drafted by an attorney and will be liberally construed. 1157, 1160 (11th Cir. 2003). I. On December 10, 1969, the Board of County Commissioners of Lee County, Florida adopted the “Resolution Pertaining to Public Lands in Cayo Costa Subdivision”, Book 569, page 875 (the Resolution). The Resolution stated that the Second Revised Plat of the Cayo Costa Subdivision contained certain designated lot and block areas and other undesignated areas. The Resolution further noted that Hughes v. Lott, 350 F.3d

the plat contained certain un-numbered and unlettered areas lying East of the Easterly tier of blocks in the subdivision and lying West of the Westerly tier of blocks in the subdivision. The

Resolution stated that Lee County claimed the lands to the east and west of the tier of blocks as “public lands together with all accretions thereto” and “does by this Resolution claim all of said lands and accretions thereto for the use and benefit of the public for public purposes.” (Doc. #288, p. 9.)

Plaintiff Jorg Busse (plaintiff or Dr. Busse) asserts he is the current owner of Lot 15A of the Cayo Costa Subdivision and

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accretions thereto. (Doc. #288, ¶¶ 1, 2.)

Plaintiff describes Lot

15A as being more than approximately 2.5 acres fronting the Gulf of Mexico with an estimated fair market value of more than $2 million. (Id. at ¶6.) Plaintiff asserts that the Resolution violates his

property rights in Lot 15A, which includes accretions, under both federal and state law. Count 1 sets forth a claim under 42 U.S.C. § 1983. Plaintiff

alleges that the Resolution deprived him of his riparian rights, private easements, accreted property and privileges secured by the United States Constitution. Specifically, plaintiff asserts that

Lee County had no home rule powers or jurisdiction over the undedicated Cayo Costa Subdivision, and therefore the Resolution was unenforceable and in violation of the United States

Constitution. (Doc. #288, ¶13.) Plaintiff asserts that defendants confiscated more than 2.5 acres of his accreted property without compensation in violation of the Takings Clause of the Fifth Amendment, the Due Process Clause of the Fourteenth Amendment, and the Equal Protection Clause of the Fourteenth Amendment (Id. at ¶14.) Plaintiff asserts that defendants also illegally took more

than 200 acres of private accretions onto Cayo Costa pursuant to the Resolution, all without compensation. (Id. at ¶15.) Further,

plaintiff asserts that “Defendant State Actors” claimed riparian rights to Lots 38A and 41A which they denied to plaintiff, thereby unlawfully discriminating against plaintiff because he is entitled to equal rights as the State property owner.
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(Id. at ¶¶ 16, 27.)

Count 2 alleges an unconstitutional temporary taking under color of the Resolution. Plaintiff asserts that the Resolution was never signed, executed or acknowledged and did not meet resolution and recording requirements, and was therefore not entitled to be recorded and must be stricken from the public record. ¶17.) (Id. at

Plaintiff further alleges that the Cayo Costa Subdivision

was outside of Lee County’s home rule powers, and therefore the State and County had no powers to adopt resolutions or ordinances, and therefore the Resolution is unenforceable and ineffectual and the County capriciously (Id. at ¶18.) onto the grabbed private accreted land and

easements. his

Plaintiff asserts that defendants took riparian due gulf front of law, Lot 15A without notice,

accretions

authority,

justification,

process

public

hearing, vote count, or compensation, and that this unauthorized unconstitutional property value. taking injured plaintiff and destroyed his

(Id. at ¶19.) Plaintiff

Count 3 sets forth a state law claim for trespass.

alleges that since the 1969 Resolution the defendants have asserted that Lee County is the owner of the Cayo Costa accretions and have induced and caused the public to intrude onto the private beaches and other areas on Cayo Costa, injuring plaintiff’s property. (Id. at ¶¶ 20-21.) Plaintiff asserts that the State cannot exercise

power within the Subdivision east of the mean high water mark of the Gulf of Mexico and west of the mean high water mark of Charlotte Harbor. (Id. at ¶22.)
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Count malfeasance.

4

alleges

a

conspiracy

to

fabricate,

fraud

and

Plaintiff asserts that the Lee County Property

Appraiser claimed that the Resolution entitled Lee County to ownership of the accreted property, but the County Appraiser has admitted that Lee County was not empowered to adopt the Resolution. (Id. at ¶23.) Plaintiff asserts that the Resolution on its face

did not meet recording or resolution requirements, and that the County Appraiser had a professional duty to verify the validity of the sham Resolution under the Uniform Standards of Professional Appraisal Practice. (Id.) Plaintiff alleges that without evidence of title, defendants conspired to concoct an un-plated lot, block and park for the benefit of the State and County. Plaintiff also asserts that defendant (Id.) denied (Id. at ¶24.) agricultural

classification to his accreted lot.

Plaintiff asserts that

defendants destroyed most of his property value, deprived him of private easements without compensation, and denied equal protection in a land grab scheme. being to assist the (Id.) Plaintiff describes the agreement as confiscation of the

unconstitutional

accretions. Appraiser

(Id. at ¶25.) made

Plaintiff also asserts that the County valuation reports which were

incompetent

controverted by other comparable sales data and done in violation of Federal Appraisal Standards, but defendant continued to slander plaintiff’s perfect title. (Id. at ¶26.) As a result, plaintiff

received purchase offers far below market value and the County Appraiser has committed malfeasance and abuse of position.
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(Id.)

Count 5 alleges a conspiracy to materially misrepresent and defraud. Plaintiff asserts that Lee County does not hold title to

the accreted property pursuant to the Resolution, and there has been no proceedings such as eminent domain or adverse possession. (Id. at ¶29.) Plaintiff asserts that Lee County’s claims of

ownership of the accretions therefore violated the Fifth Amendment Takings Clause, and therefore defendants deprived the public of tax revenues which could have been received from the private accretions and easements. to (Id.) the Plaintiff asserts that defendants conspired extent of the Army Corps of Engineers’

misrepresent

authority over his lagoon.

(Id. at ¶32.)

Count 6 alleges oppression and slander of title by defendant Peterson for failing to challenge the invalidity of the Resolution despite his questions about its validity. (Id. at ¶¶ 33-35.)

The Third Amended Complaint asserts the Court has jurisdiction based on the Civil Rights Act (42 U.S.C. § 1983), 28 U.S.C. § 1343, Articles 3 and 4 of the United States Constitution, and Amendments 4 and 5 of the United States Constitution (Doc. #288, ¶7), the 1899 Rivers and Harbors Appropriation Act (33 U.S.C. § 403)(id. at ¶8), the 1862 Homestead Act (id. at ¶9), the federal common law Doctrine of Accretion and Erosion (id. at ¶10), the Federal Appraisal Standards, Uniform Standards of Professional Appraisal Practice (12 U.S.C. §§ 3331-3351), and the Federal Declaratory Judgment Act (28 U.S.C. § 2201)(id. at ¶12).
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III. The Court will first address the federal claims, since these claims are necessary to provide subject matter jurisdiction. Given plaintiff’s pro se status, the Court reviews the Third Amended Complaint liberally. A. Takings Clause Claims: A consistent theme which runs through several of plaintiff’s counts is that the Resolution constitutes an unconstitutional taking of his property rights in his subdivision Lot 15A on Cayo Costa island.1 The legal principles are well-settled, and preclude

plaintiff’s takings claim. Plaintiff alleges a violation of the Takings Clause of the Fifth Amendment, which states in pertinent part “nor shall private property be taken for public use, without just compensation.” U.S. CONST. amend. V. The Fifth Amendment is applied to the States Penn Cent. Transp. Co. v. New (1978). The Third Amended

through the Fourteenth Amendment. York City, 438 U.S. 104, 121-23

Complaint may also be read to allege a conspiracy to violate the Takings Clause. State law defines the parameters of a plaintiff’s property interest, and whether state law has created a property interest is a legal question for the court to decide. Morley’s Auto Body, Inc.

See Lee County v. Morales, 557 So. 2d 652 (Fla. 2d DCA 1990) for a description of Cayo Costa island and the Lee County zoning history of the island since 1978.
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1

v. Hunter, 70 F.3d 1209, 1212 (11th Cir. 1996).

Under Florida law

a riparian or littoral owner owns to the line of the ordinary high water mark on navigable waters, and the riparian or littoral property rights include the vested right to receive accretions to the property. Board of Trustees of the Internal Improvement Trust

Fund v. Sand Key Assocs., Ltd., 512 So. 2d 934, 936-37 (Fla. 1987); Brannon v. Boldt, 958 So. 2d 367, 373 (Fla. 2d DCA 2007). These

rights constitute property, and cannot be taken or destroyed by the government without just compensation to the owners. Sand Key

Assoc., 512 So. 2d at 936; Lee County v. Kiesel, 705 So. 2d 1013, 1015 (Fla. 2d DCA 1998). “By now it is beyond question that a

permanent physical occupation of private property by the state constitutes a taking for which a landowner must be compensated.” New Port Largo, Inc. v. Monroe County, 95 F.3d 1084, 1088 (11th Cir. 1996)(citing Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 1015 (1992) and Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 434 (1982)). Thus while plaintiff has adequately alleged a taking of his property, “a property owner has not suffered a violation of the Just Compensation to Clause just until the owner has unsuccessfully the procedures

attempted

obtain

compensation

through

provided by the State for obtaining such compensation . . .” Williamson County Regional Planning Comm’n v. Hamilton Bank, 473 U.S. 172, 195 (1972). “Williamson County boils down to the rule

that state courts always have a first shot at adjudicating a
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takings dispute because a federal constitutional claim is not ripe until the state has denied the would-be plaintiff’s compensation for a putative taking, including by unfavorable judgment in a state court proceeding.” F.3d Agripost, LLC v. Miami-Dade County, Fla., Without having

, 2008 WL 1790434 (11th Cir. 2008).

pursued such available state court remedies, a plaintiff’s Takings Clause claim is not ripe and therefore a federal district court lacks jurisdiction to consider it. Williamson County, 473 U.S. at

195; Watson Constr. Co. v. City of Gainsville, 244 Fed. Appx. 274, 277 (11th Cir. 2007); Garbo, Inc. v. City of Key West, Fla., 162 Fed. Appx. 905 (11th Cir. 2006). It has been clear since at least

1990 that Florida law provides a remedy of an inverse or reverse condemnation suit. Joint Ventures, Inc. v. Department of Transp.,

563 So. 2d 622, 624 (Fla. 1990); Tari v. Collier County, 56 F.3d 1533, 1537 n.12 (11th Cir. 1995); Reahard v. Lee County, 30 F.3d 1412, 1417 (11th Cir. 1994). Additionally, plaintiff could have

pursued an state action for declaratory judgment under FLA . STAT . § 86.011, a suit to quiet title, Trustees of Internal Imp. Fund of State of Florida v. Toffel, 145 So. 2d 737 (Fla. 2d DCA 1962), or a suit in ejectment if the matter is viewed as a boundary dispute. Petryni v. Denton, 807 So. 2d 697, 699 (Fla. 2d DCA 2002). The Third Amended Complaint does not allege that plaintiff pursued any state relief. Indeed, plaintiff has never suggested

that he has taken any action in state court to quiet title or receive damages under an inverse or reverse condemnation claim.
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Since there is no showing of federal jurisdiction as to the Takings Clause claim, the Taking Clause claims and any conspiracy to violate the Takings Clause in any count will be dismissed without prejudice. B. Substantive Due Process Claim: A liberal reading of the Third Amended Complaint might suggest that plaintiff also frames the alleged taking of his property rights as a substantive due process claim under the Fourteenth Amendment. The Eleventh Circuit has held, however, that there is

no independent substantive due process taking cause of action. Villas of Lake Jackson, Ltd. v. Leon County, 121 F.3d 610, 612-14 (11th Cir. 1997). Additionally, substantive due process protects

only fundamental rights, that is, those rights which are implicit in the concept of ordered liberty. Such rights are created by the Greenbriar

Constitution, and do not include property rights.

Village, LLC v. Mountain Brook City, 345 F.3d 1258, 1262 (11th Cir. 2003). Merely asserting that the government’s actions were

arbitrary and irrational does not bring the matter within the protection of the substantive due process provision. Village, 345 F.3d at 1263-64. in the Third due Amended process Greenbriar

Therefore, those portions of counts which claim attempt or to assert will a be

Complaint takings

substantive dismissed.

conspiracy

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C.

Procedural Due Process Claim: Plaintiff’s counts may also attempt to state a procedural due

process claim.

For example, plaintiff asserts that Lee County had

no home rule powers or jurisdiction over the undedicated Cayo Costa subdivision (Doc. #288, ¶¶ 13, 18, 23), that the Resolution was never signed, executed or acknowledged and did not meet resolution and recording requirements (id. at ¶¶ 17, 23), and that the taking was without authority, justification, due process, public notice, hearing, vote count, or compensation (id. at ¶19). “Procedural due process requires notice and an opportunity to be heard before any government deprivation of a property interest.” Zipperer v. City of Fort Myers, 41 F.3d 619, 623 (11th Cir. 1995). Not all government actions, however, are subject to a procedural due process claim. The County’s action in passing the Resolution

constituted a legislative act, and therefore plaintiff cannot state a procedural due process claim. 75 Acres, LLC v. Miami-Dade Plaintiff

County, Fla., 338 F.3d 1288, 1294 (11th Cir. 2003).

asserted that the Resolution effecting the taking of more than 200 acres other than his 2.5 acres. a legislative act. Equalization, 239 This is sufficient to constitute

See, e.g., Bi-Metallic Inv. Co. v. State Bd. of U.S. 441, 445 (1915)(noting that it is

impractical to give every one a voice when a legislative act applies to more than a few people). Additionally, even if not a

legislative act, a procedural due process claims does not exist

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merely because state mandated procedures were not followed.

First

Assembly of God of Naples, Florida, Inc. v. Collier County, Fla., 20 F.3d 419, 422 (11th Cir. 1994). In this regard, some of the

allegations in the Third Amended Complaint are contradicted by the Resolution which is attached to it. The copy of the Resolution

attached to the Third Amended Complaint establishes that it was signed, executed, and duly recorded in the public records, and plaintiff will not be allowed to assert otherwise. The remaining

claimed defects are arguments concerning state law which do not arise to a constitutional level. Finally, plaintiff fails to state a procedural due process claim because he has failed to allege that Florida law provided him with an inadequate post-deprivation

remedy, Tinney v. Shores, 77 F.3d 378, 382 (11th Cir. 1996), and as discussed above it is clear that Florida does provide adequate post-deprivation remedies. Therefore, any claim founded on

procedural due process will be dismissed. D. Equal Protection Claim: Plaintiff also alleges that the Resolution violated his equal protection rights. “To properly plead an equal protection claim,

a plaintiff need only allege that through state action, similarly situated persons have been treated disparately.” Boyd v. Peet, 249 Fed. Appx. 155, 158 (11th Cir. 2007)(citation omitted). See also

Executive 100, Inc. v. Martin County, 922 F.2d 1536, 1552 (11th Cir. 1991). The Third Amended Complaint does not identify any

similarly situated person with whom plaintiff can be compared. The
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Third Amended Complaint states that defendants have taken over 200 acres pursuant to the Resolution, far in excess of his 2.5 acres. The only assertion of disparate treatment is for those lots owned by government, which plaintiff alleges did not have their rights taken. However, a private owner such as plaintiff can not be Therefore,

compared to a public owner such as a government unit.

no equal protection claim is stated, and such claims will be dismissed without prejudice. E. Other Bases of Federal Jurisdiction: Having found no federal claim set forth in the Third Amended Complaint, the Court now examines the other purported bases of federal jurisdiction. Article III of the Constitution sets the outer boundaries of the federal court jurisdiction, but vests Congress with the

discretion to determine whether and to what extent that power may be exercised by lower federal courts. Therefore, lower federal

courts are empowered to hear only cases for which there has been a congressional grant of jurisdiction. Morrison v. Allstate Therefore

Indemnity Co., 228 F.3d 1255, 1260-61 (11th Cir. 2000).

Article III does not provide any additional basis of federal jurisdiction. Additionally, plaintiff’s reliance on Article IV of

the Constitution is misplaced because Article IV does not address the jurisdiction of a federal court. Plaintiff cites 28 U.S.C. § 1343 as a basis for federal jurisdiction. Section 1343 sets forth the jurisdiction of district
-13-

courts for certain civil rights actions, but does not itself create a private right of action. Albra v. City of Fort Lauderdale, 232 Since none of plaintiff’s

Fed. Appx. 885, 892 (11th Cir. 2007).

federal civil rights claims are properly before the court, § 1343 is not a basis for jurisdiction over the remaining state law claims. Plaintiff’s reliance on the 1899 Rivers and Harbors

Appropriation Act, 33 U.S.C. § 403 is misplaced. relates to the creation of an obstruction not

Section 403 authorized by

Congress, and simply not relevant to any of the claims in this case. The 1862 Homestead Act, 43 U.S.C. §§ 161-64, cannot form Assuming

basis for jurisdiction because it was repealed in 1976.

there is a federal common law Doctrine of Accretion and Erosion, it cannot provide a jurisdictional basis in federal court. The

Federal Appraisal Standards, Uniform Standards of Professional Appraisal Practice, 12 U.S.C. § 3331-3351, also do not create federal jurisdiction. appraisals utilized 12 this These standards relate to real estate in § connection 1331, and with no federally related was

transactions, involved in

U.S.C. case.

such in

transaction the

Additionally,

Florida

county

property appraiser is a constitutionally created office whose appraisals are carried out pursuant to state statute, FLA . STAT . § 193.011 as well as professional appraisal standards established by the International Association of Assessing Officers and the

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Appraisal Institute. (11th Cir. 1996). Therefore, the

Parrish v. Nikolits, 86 F.3d 1088, 1091 n.2

Court

finds

no

other

basis

of

federal

jurisdiction has been plead in the Third Amended Complaint. F. Remaining State Law Claims: The remaining possible claims in the Third Amended Complaint are all state law claims. Complaint may be read to Read liberally, the Third Amended allege a claim to invalidate the

Resolution for alleged state-law procedural defects, a state law claim of trespass, a state law claim of conspiracy to misrepresent, a state law claim of fraud, state law claims of malfeasance, a state law claim of oppression, and a state law claim of slander of title. Even assuming these are properly pled, pursuant to 28

U.S.C. § 1367(c)(3) the Court would exercise its discretion and decline claims. to exercise supplemental jurisdiction over the state

Raney v. Allstate Ins. Co., 370 F.3d 1086, 1088-89 (11th

Cir. 2004)(encouraging district courts to dismiss state claims where all claims which provided original jurisdiction have been dismissed.) prejudice. Having The dismissal of the state claims will be without Crosby v. Paulk, 187 F.3d 1339, 1352 (11th Cir. 1999). found that this Court lacks subject matter

jurisdiction, and will not retain supplemental jurisdiction, the Court need not address the issues raised in the remaining

defendants’ motions to dismiss. Accordingly, it is now
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ORDERED: 1. Defendant Property Appraiser’s Motion to Dismiss

Plaintiff’s Third Amended Complaint (Doc. #303) is GRANTED to the extent set forth in paragraph 5 below. 2. Defendant Property Appraiser’s Motion to Dismiss and

Close File (Doc. #285) is DENIED as moot. 3. State of Florida Department of Environmental Protection

and Division of Recreation and Parks, State of Florida, and Board of Trustees of the Internal Improvement Trust Fund’s Joint Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Cause of Action (Doc. #291) is GRANTED to the extent set forth in paragraph 5 below. 4. Defendants Lee County, Florida, Board of Lee County

Commissioners, Lee County Attorney, Jack N. Peterson’s Motion to Dismiss (Doc. #304) is GRANTED to the extent set forth in paragraph 5 below. 5. The Third Amended Complaint is dismissed without

prejudice as to all defendants and all claims.

The Clerk shall

enter judgment accordingly, terminate all pending motions as moot, and close the case. DONE AND ORDERED at Fort Myers, Florida, this May, 2008. 5th day of

Copies: Parties of record

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U.S. JUDICIAL SPILL “O.R. 569/875”

Beyond Perverted

NOTHING WAS DONE – U.S. POLICY & PATTERN
“And when we took evidence of criminal activity to Judge William S Duffey Jr during our civil suit against the County and State, nothing was done (See our Petition for the Court for Federal Grand Jury). We took the evidence to evidence to David Nahmias (now Supreme Court of GA Justice) who sent us to the FBI. FBI said Nahmias won't prosecute unless the $ amount was over $500,000.00 and we had …“

http://www.scribd.com/nootkabearmcdonald

CERTIFIED DELIVERY

14

CERTIFIED DELIVERY

15

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DR. JORG BUSSE, JENNIFER FRANKLIN PRESCOTT, Plaintiffs, versus Case # 2:10-CV-0089-FtM-JES-SPC

JOHN EDWIN STEELE; SHERI POLSTER CHAPPELL; ROGER ALEJO; KENNETH M. WILKINSON; JACK N. PETERSON; GERALD BARD TJOFLAT; RICHARD JESSUP; CIRCUIT JUDGE BIRCH; CIRCUIT JUDGE DUBINA; RICHARD ALLAN LAZZARA; CHARLIE CRIST; LEE COUNTY VALUE ADJUSTMENT BOARD; LORI L. RUTLAND; EXECUTIVE TITLE CO.; JOHNSON ENGINEERING, INC., Defendants. EMERGENCY MOTION _______________________________________________________________________/ EMERGENCY MOTION TO COMPEL DEFENDANTS TO SHOW GOOD CAUSE AFFIDAVITS & ABSENCE OF ANY CONDEMNATION ON THE RECORD 1. Pursuant to the multiple Affidavits before this Court, the Judicial Officers in this Court fraudulently alleged “eminent domain” by virtue of Government scam “O.R. 569/875”. However here, no eminent domain court proceedings ever occurred. No just compensation was ever paid to the pro se Plaintiffs, and no title ever transferred. Here, Lee County, Florida, never took any title by virtue of prima facie scam “O.R. 569/875”. BRIBERY 2. Here, Defendant crooked Judges John Edwin Steele and Sheri Polster Chappell accepted Defendants’ bribes for the criminal purpose of defrauding and deliberately depriving the Plaintiffs of their equity. Here, said corrupt Judges and Judicial Officers violated their oath of office.

CERTIFIED DELIVERY

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CERTIFIED DELIVERY UNITED STATES JUDICIAL FRAUD PUBLISHED AT:

http://www.scribd.com/judicial%20fraud More than 90,000 Readers of U.S. Governmental Crime Scheme “O.R. 569/875”

19

CERTIFIED DELIVERY

COVER UP OF GOVERNMENT SCAM “O.R. 569/875”

20

TRANSCRIPT OF 11/17/2009 ROGER ALEJO PERJURY PLAINTIFFS-PETITIONERS DR. BUSSE & FRANKLIN PRESCOTT: [VAB RECORD: 1:05:23 – 1:05:33; YOU TUBE: 1:54 - 2:04]

“Is our riparian Gulf-front land parcel, ending on 015A [Parcel # 12-44-2001-00015.015A] bounded by the natural boundary of the Gulf of Mexico? YES or NO?”
Defendant Special Magistrate LORI L. RUTLAND: [VAB RECORD: 1:05:34 – 1:05:42; YOU TUBE: 2:05 – 2:12]

“Mr. Alejo, does the property have the Gulf of Mexico next to it? Is it right up next to the Gulf of Mexico?”
Defendant ROGER ALEJO: [VAB RECORD: 1:05:42 – 1:05:43; YOU TUBE: 2:13 – 2:15]

“YES, Ma’am.” ROGER ALEJO’S PERJURY & FRAUD ON YOU TUBE
http://www.youtube.com/watch?v=OYp-Mb242D0

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U.S. District Court Middle District of Florida (Ft. Myers) CIVIL DOCKET FOR CASE #: 2:09-cv-00791-CEH-SPC
Prescott et al v. Alejo et al Assigned to: Judge Charlene E. Honeywell Referred to: Magistrate Judge Sheri Polster Chappell Case in other court: 09-16203-H 09-16205-H 09-16206H 09-16207-H 09-16208-H 10-10645-F 10-11628-D 10-11629-D 10-11630-D 10-11631-D 10-11632-D 10-11633-D 10-11634-D 10-12134-H Florida Southern, 9:09-cv-82359 Cause: 28:1331 Fed. Question Date Filed 12/01/2009 # Docket Text Date Filed: 12/04/2009 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

1 COMPLAINT against A. Brian Albritton, Roger Alejo, Peterson Bernard, Brian Bigelow, Steven Carta, Roger Desjarlais, Sean P. Flynn, Tom Gilbertson, Charlie Green, Tammy Hall, Karen B. Hawes, Hugh D. Hayes, Bob Janes, Johnson Engineering, Inc., Ray Judah, Chad Lach, Lee County Florida, Lee County Value Adjustment Board, Frank Mann, William M. Martin, Jack N. Peterson, Cynthia A. Pivacek, Skip Quillen, David P. Rhodes, Reagan Kathleen Russell, Lori L. Rutland, Mike Scott, Gerald D. Siebens, State of Florida Attorney General, State of Florida, Board of Trustees of the Internal Improvement Trust Fund, State of Florida, Department of Environmental, E. Kenneth Stegeby, Charles "Barry&quo Stevens, United States Attorney(s), Kenneth M. Wilkinson., filed by Jennifer Franklin Prescott.(lh) [Transferred from flsd on 12/4/2009.] (Entered: 12/02/2009) 2 Filing fee: For new case $ 350.00, receipt number 726644 (lh) [Transferred from flsd on 12/4/2009.] (Entered: 12/02/2009) 3 ORDER Transferring and Closing Case. The Clerk of the Court is hereby directed to CLOSE this case. Signed by Senior Judge Kenneth L. Ryskamp on 12/3/2009. (asl)
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GOVERNMENTAL TRICKERY & DECEPTION:

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[Transferred from flsd on 12/4/2009.] (Entered: 12/04/2009) 12/04/2009 4 Case transferred in from Florida Southern; Case Number 9:09-cv-82359. Original file with documents numbered 1 - 3, certified copy of transfer order and docket sheet received. (Entered: 12/04/2009) 5 EMERGENCY MOTION for miscellaneous relief, specifically to enjoin fraudulent judgments and execution of fraudulent judgments case #2:07-00228-cv-FtM-29-SPC, DOC. #386 by Jennifer Franklin Prescott, Jorg Busse. (Attachments: # 1 Main Document, # 2 Main Document, # 3 Main Document)(kma) (Entered: 12/04/2009) 6 Case reassigned Unassigned Judge and Magistrate Judge Sheri Polster Chappell. New case number: 2:09-cv-791-FtM-99SPC. (drn) (Entered: 12/07/2009) 7 STANDING ORDER: Filing of documents that exceed twenty-five pages.Signed by All Divisional Judges on 8/20/08. (drn) (Entered: 12/07/2009) Summons issued as to Mike Scott, Lee County Value Adjustment Board, Lori L. Rutland. (SLU) (Entered: 12/07/2009) Summons issued as to Cynthia A. Pivacek, Hugh D. Hayes, Kenneth M. Wilkinson. (SLU) (Entered: 12/07/2009) Summons issued as to Peterson Bernard, Roger Alejo, Jack N. Peterson. (SLU) (Entered: 12/07/2009) Summons issued as to Charlie Green, A. Brian Albritton, Steven Carta. (SLU) (Entered: 12/07/2009) Summons issued as to Chad Lach, Johnson Engineering, Inc., State of Florida Attorney General, Skip Quillen, Roger Desjarlais. (SLU) (Entered: 12/07/2009) Summons issued as to State of Florida, Board of Trustees of the Internal Improvement Trust Fund, Reagan Kathleen Russell, Bob Janes. (SLU) (Entered: 12/07/2009) Summons issued as to David P. Rhodes, William M. Martin. (SLU) (Entered: 12/07/2009) Summons issued as to Charles Barry Stevens. (SLU) (Entered: 12/07/2009) 8 NOTICE OF APPEAL; MOTION to reconcile "order transferring & closing case", Doc. #3, with 04/21/2009 Federal Appellate denial of Def. Wilkinson's motion and the dispositive declaration of plaintiffs' unimpeachable riparian gulf-front street record ownership; NOTICE of summons and/or service upon defendants U.S. Attorney, Kenneth M. Wilkinson, Roger Alejo, Jack N. Peterson, A. Brian Albritton, Lee County, FL by Jennifer Franklin Prescott, Jorg Busse. Filing fee not paid. (kma) (Entered: 12/08/2009) 9 NOTICE OF APPEAL; MOTION to reconcile "order transferring & closing case", Doc. #3, with 04/21/2009 Federal Appellate denial of Def. Wilkinson's motion and the dispositive declaration of plaintiffs' unimpeachable riparian gulf-front street record ownership; NOTICE of transcript of November 7, 2007 proceedings, in further support
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of judicial fraud and corruption, Case #2:07-cv-228-FtM-29SPC by Jennifer Franklin Prescott, Jorg Busse. Filing fee not paid. (kma) (Entered: 12/08/2009) 12/07/2009 10 NOTICE OF APPEAL; NOTICE of appeal from "order transferring and closing case" and another criminal act of case fixing in exchange for bribes (See Doc #3); CONCLUSIVE dispositive de novo record evidence by Jennifer Franklin Prescott, Jorg Busse. Filing fee not paid. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(kma) (Entered: 12/08/2009) Summons issued as to State of Florida, Department of Environmental, Karen B. Hawes, Tom Gilbertson. (SLU) (Entered: 12/08/2009) Summons issued as to Brian Bigelow, Sean P. Flynn, Gerald D. Siebens. (SLU) (Entered: 12/08/2009) Summons issued as to Ray Judah, Tammy Hall, E. Kenneth Stegeby. (SLU) (Entered: 12/08/2009) TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 8 Notice of appeal. (kma) (Entered: 12/08/2009) Summons issued as to Frank Mann, Lee County Florida. (SLU) (Entered: 12/08/2009) TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 9 Notice of appeal. (kma) (Entered: 12/08/2009) TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 10 Notice of appeal. (kma) (Entered: 12/08/2009) 11 NOTICE OF APPEAL and fraud on court(s); 60(b) MOTION for relief from governmental corruption and fraud pursuant to de novo record evidence of gov. crimes & corruption in Cases #2:07-cv-228-FtM-JES-SPC and 2:09-cv-00791-UA-SPC; NOTICE of corruption, criminal case fixing, extrinsic fraud by named defendant corrupt Judge John E. Steele, who dis-allowed the plaintiff(s) "to assert" the truth and obstructed justice by Jennifer Franklin Prescott, Jorg Busse. Filing fee not paid. (kma) (Entered: 12/08/2009) TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 11 Notice of appeal. (kma) (Entered: 12/08/2009) 12 NOTICE OF APPEAL and fraud on court(s); DEMAND for filing of plaintiffs' entire complaint and independent action for relief from fraud, fraud on courts, governmental corruption & extension of "Lee County" forgeries pursuant to de novo record evidence of gov. crimes & corruption; NOTICE of incompletely filed complaint by Jennifer Franklin Prescott, Jorg Busse. Filing fee not paid. (kma) (Entered: 12/08/2009) TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
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notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 12 Notice of appeal. (kma) (Entered: 12/08/2009) 12/08/2009 13 NOTICE OF APPEAL and fraud on court(s); Governmental corruption and forgery record evidence: Record transcript of proceedings on 11/07/07, 2:07-cv-228-FtMJES-SPC in support of fraudulent governmental pretenses of "frivolity" and custom & policy of sanctioning the pro se plaintiff owners; Well-proven custom and policy of governmental corruption by Jennifer Franklin Prescott, Jorg Busse. Filing fee not paid. (kma) (Entered: 12/08/2009) TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 13 Notice of appeal. (kma) (Entered: 12/08/2009) 14 Case reassigned to Judge Charlene E. Honeywell. New case number: 2:09-cv-791FtM-36SPC. Unassigned Judge no longer assigned to the case. (kma) (Entered: 12/10/2009) 15 NOTICE of extrinsic fraud on courts: governmental corruption & extrinsic fraud record evidence in support of independent actions for relief and R. 6(b) motions by Jennifer Franklin Prescott, Jorg Busse. (drn) (Entered: 12/14/2009) 16 NOTICE of extrinsic fraud on courts: public corruption & extrinsic fraud record evidence & exhibits in support of independent actions for relief and R. 60(b) motions by Jennifer Franklin Prescott, Jorg Busse. (drn) (Entered: 12/15/2009) 17 NOTICE of extrinsic fraud on courts: governmental corruption & extrinsic fraud record evidence in support of independent actions for relief and R. 60(b) motions by Jennifer Franklin Prescott, Jorg Busse. (drn) (Entered: 12/15/2009) 18 NOTICE of extrinsic fraud on courts: governmental corruption & extrinsic fraud record evidence in support of independent actions for relief and R. 60(b) motions by Jennifer Franklin Prescott, Jorg Busse. (drn) (Entered: 12/15/2009) 19 NOTICE of extrinsic fraud on courts: governmental corruption & extrinsic fraud record evidence in support of independent actions for relief and R.60(b) motions by Jennifer Franklin Prescott, Jorg Busse. (drn) (Entered: 12/15/2009) 20 NOTICE of extrinsic fraud on courts: public corruption & extrinsic fraud record evidence & exhibits in support of independent actions for relief and R.60(b) motions by Jennifer Franklin Prescott, Jorg Busse. (drn) (Entered: 12/15/2009) 21 NOTICE OF extrinsic fraud on courts: MOTION for default judgment in favor of Plaintiffs because O.R. 569/875 was not any genuine issue of material fact, or instrument, but on its face a governmental fraud scheme, and Lee County never had any claim nor any chance of success by Jennifer Franklin Prescott, Jorg Busse. (drn) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 12/18/2009) 22 NOTICE of extrinsic fraud on courts: public corruption & extrinsic fraud record evidence in support of independent actions for relief and R. 60(b) motions by Jennifer Franklin Prescott, Jorg Busse. (drn) (Entered: 12/18/2009)
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23 NOTICE of extrinsic fraud on courts: public corruption & extrinsic fraud record evidence & exhibits in support of independent actions for relief and R.60(b) motions by Jennifer Franklin Prescott, Jorg Busse. (drn) (Entered: 12/18/2009) 24 NOTICE of extrinsic fraud on courts: public corruption & extrinsic fraud record evidence & exhibits in support of independent actions for relief and R. 60(b) motions by Jennifer Franklin Prescott, Jorg Busse. (drn) (Entered: 12/18/2009) 25 NOTICE of extrinsic fraud on courts: public corruption & extrinsic fraud record evidence & exhibits in support of independent actions for relief and R. 60(b)motions by Jennifer Franklin Prescott, Jorg Busse. (drn) (Entered: 12/18/2009) 26 NOTICE of extrinisic fraud on court(s); Public corruption & extrinsic fraud record evidence & exhibit(s) in support of independent actions for relief and R. 60 (b) motions: record evidence in support of extrinsic fraud and fraudulent concealment of 'Lee Couty' facial forgeries: non-existent 'parcels' ##'12-44-21-01-0000.00' & '07-44-21-0100001.0000' by Jennifer Franklin Prescott, Jorg Busse (kma) (Entered: 12/23/2009) 27 NOTICE of extrinsic fraud on court(s); Governmental corruption & extrinsic fraud record evidence in support of independent actions for relief and R. 60(b) motions: Transcript of 02/29/2009 deposition and perjury by defendant corrupt official Jack N. Peterson who fraudulently concealed "Lee County" facial forgeries: non-existent 'parcels' ## '12-44-20-01-00000.00A0' & '07-44-21-01-00001.0000' by Jennifer Franklin Prescott, Jorg Busse (kma) (Entered: 12/23/2009) 28 NOTICE of extrinsic fraud on court(s); governmental corruption & extrinsic fraud record evidence in support of independent actions for relief and R. 60(b) motions: federal survey evidence in support of fraudulent concealment of "Lee County" facial forgeries: non-existent 'parcels' ## '12-44-20-01-00000.00A0' & '07-44-21-0100001.0000' by Jennifer Franklin Prescott, Jorg Busse (kma) (Entered: 12/23/2009) 29 NOTICE of extrinsic fraud on court(s); Governmental corruption & extrinsic fraud record evidence in support of independent actions for relief and R. 60(b) motions: Transcript of fraudulent 2007 judicial proceedings before defendant crooked U.S. Magistrate S. Polster-Chappell who fraudulently concealed "Lee County" facial forgeries: non-existent 'parcels' ## '12-44-20-01-00000.00A0' & '07-44-21-0100001.0000' by Jennifer Franklin Prescott, Jorg Busse (kma) (Entered: 12/23/2009) 30 NOTICE of fraud on court(s)in previous cases; notice of crooked John Edwin Steele's recusal obligation in related case(s) and extrinsic fraud by Jennifer Franklin Prescott, Jorg Busse (kma) (Entered: 12/23/2009) 31 MOTION for waiver of any and all appeal fees, which are the direct and proximate result of facially fraudulent judgments, governmental corruption, extrinsic fraud, fraud on the courts, extra-judicial fraud, breach of public trust, and coercion under public policy and the rules of procedure; FRCP 60(b) motion for relef from extrinsic eminent domain fraud, governmental coruption, perjury, perversion of public record under false pretenses of "frivolity" of the conclusive proof of the facial illegality of fake eminent domain "claim"; Notice of de novo perjury by defendants J.N. Peterson, R. Alejo, and
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facially false and fraudulent pretenses of a "resolution", which could not have possibly legally existed or transferred any property interest or title to Lee County, Florida by Jennifer Franklin Prescott, Jorg Busse. (kma) (Entered: 12/23/2009) 12/21/2009 32 MOTION for mandatory recusal under 28 USC 455; Motion for mandatory recusal of def. corrupt U.S. Magistrate S. Polster Chappell, who concocted a "legislative act" (O.R. 569/875) and/or extended the record " Lee County" fraud schemes for bribes; Notice of corruption, criminal case fixing, extrinsic fraud by named defendants Polster Chappell and Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice & law; Notice of 12/11/2009 arrest threats against plaintiff Dr. Busse by Jennifer Franklin Prescott, Jorg Busse. (kma) (Entered: 12/23/2009) 33 MOTION for mandatory recusal under 28 USC 455; Motion for mandatory recusal of def. corrupt U.S. Magistrate S. Polster Chappell, who concocted a "legislative act" (OR 569/875) and /or extended the record "Lee County" fraud schemes for bribes; Notice of corruption, criminal case fixing, extrinsic fraud by named defendants Polster Chappell and Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice & law notice of 12/11/2009 arrest threats against plaintiff Dr. Busse by Jennifer Franklin Prescott, Jorg Busse. (kma) (Entered: 12/23/2009) 34 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 track 2. Notice of pendency of other actions due by 1/11/2010. Signed by All Divisional Judges on 12/29/2009. (LAF) (Entered: 12/29/2009) 35 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 1/11/2010. Signed by All Divisional Judges on 12/29/2009. (LAF) (Entered: 12/29/2009) 36 ORDER denying 32 the Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busses Motion for Mandatory Recusal 28 U.S.C. § 445.. Signed by Magistrate Judge Sheri Polster Chappell on 1/8/2010. (LMH) (Entered: 01/08/2010) 37 ORDER denying 33 the Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busses Motion for Mandatory Recusal under 28 U.S.C. § 445. Signed by Magistrate Judge Sheri Polster Chappell on 1/8/2010. (LMH) (Entered: 01/08/2010) 38 ORDER denying 21 the Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busses Motion for Default Judgment. Signed by Magistrate Judge Sheri Polster Chappell on 1/8/2010. (LMH) (Entered: 01/08/2010) 45 MOTION for mandatory recusal of def. corrupt U.S. Magistrate S. Polster Chappell...(see scanned pleading for complete title) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (Entered: 01/26/2010) 46 CERTIFICATE OF INTERESTED PERSONS & victims of false, forged and unrecorded scam O.R. 569/875. (drn) (Entered: 01/26/2010) 47 MOTION for miscellaneous relief, specifically to set aside fraudulent order (Doc. 36) and for relief by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/26/2010)
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48 MOTION for miscellaneous relief, specifically for relief from crooked Polster Chappell's fraud...(see scanned pleading for complete title) by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/26/2010) 39 ORDER of USCA (certified copy) dismissing for want of prosecution as to 12 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott. EOD: 1/7/10; USCA number: 09-16207-H. (slp) (Entered: 01/14/2010) 41 ORDER of USCA (certified copy) dismissing for want of prosecution as to 11 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott. EOD: 1/7/10; USCA number: 09-16206-H. (slp) (Entered: 01/14/2010) 42 ORDER of USCA (certified copy) dismissing for want of prosecution as to 9 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott. EOD: 1/7/10; USCA number: 09-16203-H. (slp) (Entered: 01/14/2010) 43 ORDER of USCA (certified copy) dismissing for want of prosecution as to 13 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott. EOD: 1/7/10; USCA number: 09-16205-H. (slp) (Entered: 01/14/2010) 44 ORDER of USCA (certified copy) dismissing for want of prosecution as to 8 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott. EOD: 1/7/10; USCA number: 09-16204-H. (slp) (Entered: 01/14/2010) 49 MOTION to set aside fraudulent order re: 38 Order on motion for default judgment, MOTION for recusal (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/28/2010) 50 MOTION to set aside fraudulent order re: 38 Order on motion for default judgment, MOTION for recusal (see scanned pleading for complete title) by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/28/2010) 51 MOTION to set aside fraudulent order re: 37 Order on Motion for Miscellaneous Relief, MOTION for recusal (see scanned pleading for complete title) by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/28/2010) 40 ORDER of USCA (certified copy) dismissing for want of prosecution as to 10 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott. EOD: 1/7/10; USCA number: 09-16208-H. (slp) (Entered: 01/14/2010) 52 NOTICE of fraud & fabrication of "resolution" by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 02/01/2010) 53 NOTICE of fraud & fabrication of resolution by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 02/01/2010) 54 NOTICE OF APPEAL, fraud & fabrication of resolution as to 38 Order on motion for default judgment, 36 Order on motion for recusal, 37 Order on Motion for Miscellaneous Relief by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid. (drn) (Entered: 02/01/2010)
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55 NOTICE of doc. 282 in appeal by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 02/01/2010) 56 NOTICE of doc. 282 in appeal by Jorg Busse, Jennifer Franklin Prescott (Attachments: #(1) Exhibits)(drn) (Entered: 02/01/2010) 57 NOTICE of vab fraud & fabrication of resolution by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 02/02/2010) 58 NOTICE of vab fraud & fabrication of resolution by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 02/02/2010) 59 NOTICE of fraud & fabrication of resolution by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (Entered: 02/02/2010) 60 MOTION for recusal by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 02/02/2010) 61 NOTICE of fraud & fabrication of resolution by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 02/02/2010) 62 NOTICE of fraud & fabrication of resoltuion by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 02/02/2010) 63 NOTICE of vab fraud & fabrication of resolution by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 02/05/2010) 64 EMERGENCY MOTION to stay writ of execution in related Case # 2-07-cv-228FtM-29SPC by Jorg Busse, Jennifer Franklin Prescott. (Attachments: # 1 Main Document)(kma) (Entered: 02/08/2010) 65 NOTICE of vab fraud & fabrication of resolution by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 02/10/2010) TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 54 Notice of appeal. (slp) (Entered: 02/09/2010) 66 NOTICE of vab fraud & fabrication of resolution by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 02/16/2010) 67 MOTION for miscellaneous relief, specifically emergency motion for release of fraudulent lien by Jorg Busse, Jennifer Franklin Prescott. (SPB) (Entered: 02/16/2010) 68 ORDER denying 64 Emergency Motion To Stay Writ of Execution as this Court has no authority to stay the writ. Additionally, Plaintiff's Emergency Motion for Relief 5 and 67 is not deemed an emergency and will be addressed in due course. Signed by Judge Charlene E. Honeywell on 2/17/2010. (BGS) (Entered: 02/17/2010) 69 MOTION to dismiss Complaint and for Prescreening Injunction by A. Brian Albritton, Sean P. Flynn, David P. Rhodes, E. Kenneth Stegeby. (Attachments: # 1 Exhibit A)(Corinis, Jennifer) (Entered: 02/26/2010)
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70 MOTION to transfer case to the Honorable Richard A. Lazzara by A. Brian Albritton, Sean P. Flynn, David P. Rhodes, E. Kenneth Stegeby. (Corinis, Jennifer) (Entered: 02/26/2010) 71 NOTICE of plaintiffs' previous notice of appeal (see scanned document for complete title of pleading) by Jorg Busse, Jennifer Franklin Prescott (Attachments: #(1) Exhibit)(drn) (Entered: 03/02/2010) 72 MOTION for miscellaneous relief, specifically to enjoin "judge shopping" and enforce courts own order by Jorg Busse, Jennifer Franklin Prescott. (drn) #(1) Exhibit) (drn). (Entered: 03/02/2010) 73 EMERGENCY MOTION to enjoin defendants' title fraud & fraud on the court, and any government/judicial sale by Jorg Busse, Jennifer Franklin Prescott. (kma) (Entered: 03/05/2010) 74 EMERGENCY MOTION for miscellaneous relief, specifically for judicial notice of appeal and payment of appeal fees in U.S. District Court (see scanned pleading for full title) by Jorg Busse, Jennifer Franklin Prescott. (drn) Modified on 3/29/2010. PLEADING STRICKEN PER ORDER 98 (drn). (Entered: 03/08/2010) 75 MOTION for miscellaneous relief, specifically judicial notice of defendants' fraud on the court (see scanned pleading for full title) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) Modified on 3/29/2010. PLEADING STRICKEN PER ORDER 98 (drn). (Entered: 03/08/2010) 76 MOTION for miscellaneous relief, specifically from defendants' fraud on court (see scanned pleading for full title) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) Modified on 3/29/2010. PLEADING STRICKEN PER ORDER 98 (drn). (Entered: 03/08/2010) 77 NOTICES of unavailability by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/09/2010) 78 AFFIDAVIT in support of governmental corruption, fraud, and fraud on the court of Jorg Busse by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 03/09/2010) 79 ORDERED that upon review of Plaintiff's Emergency Motion 73 , the Court finds no emergency has been presented. Therefore, the motion will be addressed in due course after Defendants have had the opportunity to respond. Signed by Judge Charlene E. Honeywell on 3/9/2010. (BGS) (Entered: 03/09/2010) 80 MOTION to strike and for sanctions by A. Brian Albritton, Sean P. Flynn, David P. Rhodes, E. Kenneth Stegeby. (Corinis, Jennifer) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 03/09/2010) 81 NOTICE of unavailability notice of publication of defendants' fraud & fraud on the court (see scanned document for complete title) Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/12/2010)
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82 MOTION for miscellaneous relief, specifically enjoin governmental fraudulent concealment of uncontroverted eminent domain record forgeries and obstruction of justice and court access by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/15/2010) 83 MOTION for miscellaneous relief, specifically for reconsideration and declaratory statements of the emergency of judicial case fixing, fraud on the courts and bribery by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/15/2010) 84 MOTION to compel defendants' responses and declare defendants' previous pleadings not responsive (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (drn) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 03/15/2010) 85 EMERGENCY MOTION for miscellaneous relief, specifically for immediate (emergency) screening of the prima facie illegality and nullity of Lee County scam O.R. 569/875 (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/16/2010) 86 EMERGENCY MOTION for miscellaneous relief, specifically to enjoin governmental extortion & threats by defendant U.S. Agents, judges and counsel (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 03/16/2010) 87 PROOF of service by Jorg Busse, Jennifer Franklin Prescott as to Kenneth M. Wilkinson. (drn) (Entered: 03/17/2010) 88 PROOF of service by Jorg Busse, Jennifer Franklin Prescott as to Mike Scott. (drn) (Entered: 03/17/2010) 89 MOTION for default judgment in plaintiffs' favor in this independent action for relief from governmental fraud and direct attack on governmental extortion & fraud (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 03/17/2010) 90 MOTION for miscellaneous relief, specifically immediate removal of court officer Corinins and objection to perpetration of fraud (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/17/2010) 91 MEMORANDUM and record evidence of extrinsic fraud by defendant U.S. Attorneys and counsel Jennifer Waugh Corinis filed by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 03/17/2010) 92 PROOF of service by Jorg Busse, Jennifer Franklin Prescott as to Charlie Green. (Attachments: #(1) Exhibits)(drn) (Entered: 03/17/2010) 93 PROOF of service by Jorg Busse, Jennifer Franklin Prescott as to Jack N. Peterson. (Attachments: #(1) Exhibits)(drn) (Entered: 03/17/2010) 94 NOTICE to the Courts to take judicial notice (see scanned document for complete title
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of pleading) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 03/18/2010) 03/16/2010 95 NOTICE to the Courts to take judicial notice (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 03/18/2010) 96 ORDER of USCA (certified copy) DISMISSING for want of prosecution as to 54 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott. EOD: 03/17/10; USCA number: 10-10645-F. (slp) (Entered: 03/23/2010) 97 MOTION for miscellaneous relief, specifically Injunctive Relief by A. Brian Albritton, Sean P. Flynn, David P. Rhodes, E. Kenneth Stegeby. (Corinis, Jennifer) (Entered: 03/23/2010) 98 ORDER granting in part and denying in part 80 The Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E. Kenneth Stegebys (USAO Defendants) Motion to Strike Plaintiffs Notices (Doc. # 74, 75, and 76) and for an Award of Monetary Sanctions. The Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E. Kenneth Stegebys (USAO Defendants) Motion to Strike Plaintiffs Notices is GRANTED. The Clerk of the Court is hereby directed to STRIKE (Docs. # 74, 75, and 76). (2) The Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E. Kenneth Stegebys (USAO Defendants) Motion for Rule 11 Sanctions is DENIED Signed by Magistrate Judge Sheri Polster Chappell on 3/25/2010. (LMH) (Entered: 03/25/2010) 99 ORDER denying 84 the Plaintiffs, Jennifer Franklin Prescott and Jorge Busses Motion to Compel Defendants Responses and Declare Defendants' Previous Pleadings not Responsive to Proven Judicial Case Fixing, Corruption, Fraud in the Court(s) and Bribery. Signed by Magistrate Judge Sheri Polster Chappell on 3/26/2010. (LMH) (Entered: 03/26/2010) 100 ORDER denying 89 the Plaintiffs, Jennifer Franklin Prescott and Jorge Busse's Motion for Default Judgment in Plaintiffs' Favor. Signed by Magistrate Judge Sheri Polster Chappell on 3/26/2010. (LMH) (Entered: 03/26/2010) 101 EMERGENCY MOTION for miscellaneous relief, specifically for judicial notice of concealment of evidence (see scanned pleading for complete title) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits(drn) (Entered: 03/29/2010) 102 EMERGENCY MOTION for miscellaneous relief, specifically for judicial notice of concealment of evidence (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 03/29/2010) 103 EMERGENCY MOTION for miscellaneous relief, specifically for judicial notice of concealment of evidence (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) Modified on 3/29/2010 (drn). (Entered: 03/29/2010) 104 PROOF of service by Jorg Busse, Jennifer Franklin Prescott as to Johnson Engineering,
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Inc. (drn) (Entered: 03/29/2010) 03/29/2010 03/29/2010 105 EMERGENCY MOTION for recusal (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/29/2010) 106 EMERGENCY MOTION for miscellaneous relief, specifically to enjoin the case-fixing on record (see scanned document for complete title), EMERGENCY MOTION for recusal (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/30/2010) 107 EMERGENCY MOTION for miscellaneous relief, specifically timely objections to clear judicial error (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/30/2010) 108 EMERGENCY MOTION for miscellaneous relief, specifically for judicial notice of the dispositive declaration (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 03/30/2010) 109 EMERGENCY MOTION for miscellaneous relief, specifically timely objections to clear judicial error, corruption and case fixing (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/30/2010) 110 EMERGENCY MOTION for miscellaneous relief, specifically timely objections to clear judicial error, corruption and case fixing (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/30/2010) 111 EMERGENCY MOTION for miscellaneous relief, specifically for injunction of criminal concealment, MOTION to strike Doc. 76 by Jorg Busse, Jennifer Franklin Prescott. (drn) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 03/30/2010) 112 MOTION for miscellaneous relief, specifically for judicial notice of defendants' fraud on the court and fraudulent pleadings by Jorg Busse, Jennifer Franklin Prescott. (drn) (# 1 Exhibits) (drn). (Entered: 03/30/2010) 118 EMERGENCY MOTION for miscellaneous relief, specifically for judicial notice of appeal (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/31/2010) 119 MOTION for summary judgment against defendant U.S. Attorneys by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/31/2010) 121 MOTION for sanctions after expiration of 21 days and memorandum by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/31/2010) 122 MOTION to extend time for service by Jorg Busse, Jennifer Franklin Prescott. (drn) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 03/31/2010) 123 MOTION to change venue because of record corruption, concealment, fraud on the court and obstruction of justice by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 03/31/2010)
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124 MOTION for miscellaneous relief, specifically from defendants' fraud on court and memorandum (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 03/31/2010) 125 NOTICE OF APPEAL as to 98 Order on Motion for Miscellaneous Relief Order on motion to strike and any and all orders (see scanned document for complete title) by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid. (drn) (Entered: 03/31/2010) 113 NOTICE of pendency of related cases re per Local Rule 1.04(d) by Lee County Florida. Related case(s): yes (Peterson, Jack) (Entered: 03/30/2010) 114 CERTIFICATE of interested persons and corporate disclosure statement for Defedants Wilkinson, Alejo, Desjarlais, Peterson, Hawes, Green, Janes, Judah, Hall, Mann and Lee County by Lee County Florida. (Peterson, Jack) (Entered: 03/30/2010) 115 MOTION to dismiss Complaint Adopted by Wilkinson, Alejo, Desjarlais, Peterson, Hawes, Green, Janes, Bigelow, Judah, Hall, Mann and by Lee County Florida. (Peterson, Jack) (Entered: 03/30/2010) 116 ORDER denying 45 The Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busse's Motion for Recusal of Magistrate Judge; denying 60 The Plaintiffs, Jennifer Franklin Prescott and Dr. Jorge Busse's Motion for Recusal of Magistrate Judge; denying 105 The Plaintiffs, Jennifer Franklin Prescott and Dr. Jorge Busse's Emergency Motion for Recusal of Magistrate Judge. Signed by Magistrate Judge Sheri Polster Chappell on 3/30/2010. (LMH) (Entered: 03/30/2010) 117 ORDER denying 101 the Plaintiffs, Jennifer Prescott and Dr. Jorge Busse's Emergency Motion for Judicial Notice of Concealment of Evidence ; denying 102 The Plaintiffs, Jennifer Prescott and Dr. Jorge Busse's Emergency Motion for Judicial Notice of Concealment of Evidence and Objection to Order (Doc. # 98) which was Procured by Fraud on the Court; denying 103 The Plaintiffs, Jennifer Prescott and Dr. Jorge Busse's Emergency Motion Objections to Order (Doc. # 98) and Judicial Notice of Concealment of Evidence; denying 106 The Plaintiffs, Jennifer Prescott and Dr. Jorge Busse's Emergency Motion to Enjoin the Case Fixing on Record and Conspiracy of Case Fixing and for Judge to Recuse; denying 107 The Plaintiffs, Jennifer Franklin Prescott and Dr. Jorge Busse's Emergency Motion for Miscellaneous Relief to Clear Judicial Error; denying 108 The Plaintiffs, Jennifer Franklin Prescott and Dr. Jorge Busse's Emergency Motion of the Dispositive Declaration of Plaintiffs' Record Ownership by U.S. Court of Appeals ; denying 109 The Plaintiffs, Jennifer Franklin Prescott and Dr. Jorge Busse's Emergency Motion for Miscellaneous Relief Specifically Timely Objections to Clear Judicial Error ; denying 110 The Plaintiffs, Jennifer Franklin Prescott and Dr. Jorge Busse's Emergency Motion for Miscellaneous Relief ; denying 111 The Plaintiffs, Jennifer Franklin Prescott and Dr. Jorge Busse's Emergency Motion for Injunction of Criminal Concealment and Striking of Document 76 by Judge Chappell ; denying 112 The Plaintiffs, Jennifer Franklin Prescott and Dr. Jorge Busse's Motion for Judicial Notice of Defendants' Fraud on the Court and Fraudulent Pleadings. Signed by Magistrate Judge Sheri Polster Chappell on 3/31/2010. (LMH) (Entered: 03/31/2010)
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120 SUMMARY JUDGMENT NOTICE by Jorg Busse, Jennifer Franklin Prescott re 119 MOTION for summary judgment. (drn) (Entered: 03/31/2010) 126 ORDER TO SHOW CAUSE as to Plaintiffs Jorg Busse and Jennifer Franklin Prescott. Plaintiffs have SEVEN (7) DAYS to show cause as to 1) why this Court should not impose sanctions based on Judge Lazzara's Order that explicitly warned Plaintiffs about filing another complaint based on the same claims and 2) why this Court should not impose sanctions for their prolific filing of repetitious "emergency" and miscellaneous motions and superfluous notices and for their name calling and personal attacks on Magistrate Judge Chappell. FAILURE TO RESPOND WILL RESULT IN THE IMPOSITION OF SANCTIONS WITHOUT FURTHER NOTICE. Signed by Judge Charlene E. Honeywell on 3/31/2010. (BGS) (Entered: 03/31/2010) 127 ORDER denying 31 The Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busse's Motion for Waiver of Any and All Fees ; denying 47 The Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busses Motion for Miscellaneous Relief, Specifically to Set Aside Fraudulent Order (Doc. 36); denying 48 The Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busse's Motion for Recusal of Magistrate Judge Sheri Polster Chappell; denying 49 The Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busses Motion to Set Aside Order (Doc. # 38) and to Adjudicate New Issues; denying 50 Motion to Set Aside Judgment; denying 50 The Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busse's Motion to Set Aside Order (Doc. # 38) and Mandatory Recusal of Magistrate Judge Chappell ; denying 51 Motion to Set Aside Judgment; denying 51 The Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busses Motion to Set Aside Order (Doc. # 37) and Mandatory Recusal of Magistrate Judge Chappell ; denying 67 The Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busse's Motion for Release of Lien; denying 72 The Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busses Motion to Enjoin Judge Shopping and Enforce Courts Own Order for Removal of Corrupt R.A. Lazzara ; denying 73 The Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busse's Emergency Motion to Enjoin Defendants' Title Fraud & Fraud on the Court, and Any Government/ Judicial Sale (; denying 82 The Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busse's Motion to Specifically Enjoin Governmental Fraudulent Concealment of Uncontroverted Eminent Domain Record Forgeries and Obstruction of Justice and Court Access ; denying 83 The Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busse's Motion for Reconsideration and Declaratory Statement(s) of the Emergency of Judicial Case Fixing, Fraud on the Court(s) ; denying 85 The Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busse's Emergency Motion for Immediate Screening of the Prima Facie Illegality and Nullity of Lee County Scam O.R. 569/875 ; denying 86 The Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busse's Emergency Motion to Enjoin Governmental Extortion & Threats by Defendant U.S. Agents, Judges, and Counsel (Doc. # 80) and for Removal from all Proceedings of Magistrate Judge S. Polster Chappell ; denying 90 The Plaintiffs Jennifer Franklin Prescott and Dr. Jorge Busse's Emergency Motion for Immediate Removal of Court Officer Corinins and Objection to Perpetration of Fraud on Court. Signed by Magistrate Judge Sheri Polster Chappell on 4/1/2010. (LMH) (Entered: 04/01/2010) 128 NOTICE of pendency of related cases re 34 Related case order and notice of
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designation of track 2 per Local Rule 1.04(d) by United States Attorney(s). Related case(s): yes (Corinis, Jennifer) (Entered: 04/02/2010) 04/02/2010 129 CERTIFICATE of interested persons and corporate disclosure statement re 35 Interested persons order by United States Attorney(s). (Corinis, Jennifer) (Entered: 04/02/2010) 130 NOTICE OF APPEAL as to 126 Order to show cause by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid. (drn) (Entered: 04/07/2010) 131 NOTICE OF APPEAL as to 126 Order to show cause by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid. (drn) (Entered: 04/07/2010) 132 NOTICE OF APPEAL as to 126 Order to show cause by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid. (drn) (Entered: 04/07/2010) 133 EMERGENCY MOTION for miscellaneous relief, specifically for equal court access by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 04/08/2010) 134 EMERGENCY MOTION for miscellaneous relief, specifically to enjoin defendants' cyber & other bullying, harassment and hate mail by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 04/08/2010) 135 MOTION for miscellaneous relief, specifically for corrections of docket and filing of entire complaint by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 04/08/2010) 136 NOTICE OF APPEAL as to 99 Order on motion to compel by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid. (drn) (Entered: 04/08/2010) 137 NOTICE OF APPEAL as to 100 Order on motion for default judgment by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid. (drn) (Entered: 04/08/2010) 138 NOTICE of publication of open letter regarding judicial corruption and fraud on the courts and criminal concealment of Lee County's lack of any street title by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 04/08/2010) 139 NOTICES OF PROOF of service by Lee County Sheriff's Office upon defendants Mike Scott, Johnson Engineering, Jack N. Peterson, Charlie Green, Kenneth M. Wilkinson by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 04/08/2010) 140 OBJECTION re 99 Order on motion to compel by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 04/09/2010) 141 OBJECTION re 100 Order on motion for default judgment by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 04/09/2010) 143 EMERGENCY MOTION for miscellaneous relief, specifically to enjoin fraudulent concealment of governmental forgeries (for complete title of pleading see scanned document) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 04/12/2010) 145 OBJECTION re 117 Order on Motion for Miscellaneous Relief Order on motion for
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recusal Order on motion to strike, 116 Order on motion for recusal, 127 Order on Motion for Miscellaneous Relief Order on motion to set aside judgment Order on motion for recusal by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 04/12/2010) 04/09/2010 04/09/2010 146 MOTION for miscellaneous relief, specifically judicial notice by Jorg Busse, Jennifer Franklin Prescott. (See document for complete title). (kma) (Entered: 04/12/2010) 147 OBJECTION re 127 Order on Motion for Miscellaneous Relief Order on motion to set aside judgment Order on motion for recusal by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 04/12/2010) 142 NOTICE OF APPEAL from order 127 Order on Motion by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid. (See document for complete title) (kma) (Entered: 04/12/2010) 144 MOTION for recusal by Jorg Busse, Jennifer Franklin Prescott. (See document for complete title) (kma) (Entered: 04/12/2010) TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 125 Notice of appeal. (kma) (Entered: 04/12/2010) TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 130 Notice of appeal. (kma) (Entered: 04/12/2010) TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 131 Notice of appeal. (kma) (Entered: 04/12/2010) TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 132 Notice of appeal. (kma) (Entered: 04/12/2010) TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 136 Notice of appeal. (kma) (Entered: 04/12/2010) TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 137 Notice of appeal. (kma) (Entered: 04/12/2010) TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 142 Notice of appeal. (kma) (Entered: 04/12/2010) 148 MOTION to dismiss Complaint by Hugh D. Hayes, Cynthia A. Pivacek. (Siebens, Gerald) (Entered: 04/12/2010) 149 MOTION for sanctions and for pre-filing injunction by A. Brian Albritton, Sean P.
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Flynn, David P. Rhodes, E. Kenneth Stegeby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Appendix Part I, # 4 Appendix Part II)(Corinis, Jennifer) (Entered: 04/13/2010) 04/16/2010 150 ORDER denying 70 Defendants' Motion to Transfer Case to the Tampa Division of the Middle District of Florida. Signed by Judge Charlene E. Honeywell on 4/16/2010. (BGS) (Entered: 04/16/2010) 151 ORDER denying 133 Plaintiffs' Emergency Motion for Equal Court Access. Signed by Judge Charlene E. Honeywell on 4/16/2010. (BGS) (Entered: 04/16/2010) 152 EMERGENCY MOTION for miscellaneous relief, specifically to enjoin nazi-style governmental tactics of terror, oppression, retaliation, fraud on the court (see pleading for complete title) by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 04/19/2010) 153 NOTICE OF APPEAL by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid. (drn) (Entered: 04/19/2010) 154 NOTICE of unavailability of counsel byA. Brian Albritton, Sean P. Flynn, David P. Rhodes, E. Kenneth Stegeby, United States Attorney(s) from May 10, 2010 to May 14, 2010. (Corinis, Jennifer) (Entered: 04/19/2010) 155 NOTICE by Roger Alejo Ken Wilkinson, Jack Peterson, Roger Desjarlais, Lee County, Karen Hawes, Bob Janes, Brian Bigelow, Ray Judah, Frank Mann of Adoption of USAO's Motion for Sanctions, ETC. (Peterson, Jack) (Entered: 04/19/2010) 156 MOTION for extension of time to file response/reply as to 1 Complaint by Johnson Engineering, Inc. (drn) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 04/20/2010) 157 INTERESTED PERSONS ORDER as to Johnson Engineering, Inc. Certificate of interested persons and corporate disclosure statement due by 5/4/2010. Signed by All Divisional Judges on 4/20/2010. (drn) (Entered: 04/20/2010) 158 MOTION to dismiss Complaint by Mike Scott. (Lewis, John) (Entered: 04/20/2010) 159 MEMORANDUM in opposition re 119 Motion for summary judgment filed by A. Brian Albritton, Sean P. Flynn, David P. Rhodes, E. Kenneth Stegeby. (Corinis, Jennifer) (Entered: 04/21/2010) 160 EMERGENCY MOTION for judgment on the merits against defendants Lee County, MOTION for sanctions against said defendants for ciminal concealment of fake law (see scanned document for complete title of pleading) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (Entered: 04/26/2010) 161 EMERGENCY MOTION for judgment on the merits against federal judgments, MOTION for sanctions against said defendants (see scanned document for complete title of pleading) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 04/26/2010)
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04/23/2010

162 EMERGENCY MOTION for miscellaneous relief, specifically to cease and desist case fixing and adjudicate pro se plaintiffs' claims in their favor under the law by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 04/26/2010) 163 EMERGENCY MOTION for miscellaneous relief, specifically to enjoin reverse discrimination & fraud by afro american Judge Charlene Edwards Honeywell against the pro se caucasian plaintiffs by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 04/26/2010) 164 EMERGENCY MOTION for miscellaneous relief, specifically to enjoin hate mail & threats by defendant psychopath Jack N. Peterson by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 04/26/2010) 165 EMERGENCY MOTION for miscellaneous relief, specifically to comply with Fed. R. Evidence and to enjoin final solution of frivolity hate crimes against pro se plaintiffs by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 04/26/2010) 166 MOTION for sanctions against defendant judges who concealed criminal invasion of private property rights under fraudulent pretenses of frivolity by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 04/26/2010) 167 NOTICE of nazi style crimes by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 04/26/2010) 168 NOTICE of nazi style crimes by Jorg Busse, Jennifer Franklin Prescott (Attachments: #(1) Exhibits)(drn) (Entered: 04/26/2010) 169 NOTICE OF APPEAL as to 151 Order on Motion for Miscellaneous Relief. Filing fee not paid. (drn) (Entered: 04/26/2010) TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 169 Notice of appeal. (slp) (Entered: 05/06/2010) 170 ORDER granting 156 the Defendant, Johnson Engineering, Inc.'s Motion for Extension of Time within which to File Responsive Pleading on Behalf of the Defendant. The Plaintiff shall have 10 days to supply the Defendant Johnson Engineering, Inc. with a complete copy of the Complaint. The Defendant, Johnson Engineering, Inc. shall then have twenty (20) days to file a responsive pleading or dispositive motion. Signed by Magistrate Judge Sheri Polster Chappell on 4/28/2010. (LMH) (Entered: 04/28/2010) 171 NOTICE of appeal from bad governmental joke O.R. 569/875 and governmental fraud on the courts, pro se plaintiff's public notice of intent to settle and public notice of bad criminal government joke. by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid. (Attachments: #(1) Exhibits)(drn) NOTE: Duplicative/not treated as a direct appeal to the 11th Circuit (kma) (Entered: 04/29/2010) 172 NOTICE of O.R. 569/875 fraud on courts by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 04/29/2010) 173 NOTICE of O.R. 569/875 fraud on courts by Jorg Busse, Jennifer Franklin Prescott.
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(Attachments: #(1) Exhibits)(drn) (Entered: 04/29/2010) 04/30/2010 04/30/2010 174 CERTIFICATE of interested persons and corporate disclosure statement re 157 Interested persons order by Johnson Engineering, Inc. (drn) (Entered: 04/30/2010) 175 ORDER denying 122 the Plaintiffs, Jennifer Franklin Prescott and Dr. Jorge Busse's Motion to Extend Time for Service. Signed by Magistrate Judge Sheri Polster Chappell on 4/30/2010. (LMH) (Entered: 04/30/2010) 176 ORDER denying 134 Plaintiffs' Emergency Motion to Enjoin Defendants' Cyber & Other Bullying, Harassment and Hate Mail. Signed by Judge Charlene E. Honeywell on 5/4/2010. (BGS) (Entered: 05/04/2010) 177 Notice of substitution of AUSA. Steven A. Nisbet substituting for Jennifer Waugh Corinis. (Nisbet, Steven) (Entered: 05/11/2010) 178 ORDER of USCA (certified copy) DISMISSING for want of prosecution as to 125 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott, 132 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott, 131 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott, 130 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott, 137 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott, 142 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott, 136 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott. EOD: 05/11/10; USCA number: 10-11628-D;10-11629-D;10-11630-D;10-11631-D;10-11632-D;10-11633-D;1011634-D. (slp) (Entered: 05/14/2010) 179 MOTION to dismiss complaint and incorporated memorandum of law in support thereof by Johnson Engineering, Inc. (drn) (Entered: 05/25/2010)

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