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PRESCOTT v.

HONEYWELL
2:2010cv00390
HISTORY OF GOVERNMENT CORRUPTION, FRAUD, FRAUD ON THE COURTS

16 PRESCOTT, JENNIFER FRANKLIN flmdce 2:2009cv00041 01/23/2009 890 02/11/2009


17 PRESCOTT, JENNIFER FRANKLIN flmdce 2:2010cv00089 02/09/2010 440
18 PRESCOTT, JENNIFER FRANKLIN flmdce 2:2009cv00341 05/26/2009 440 06/04/2009
19 PRESCOTT, JENNIFER FRANKLIN flmdce 2:2008cv00364 05/07/2008 440 07/25/2008
20 PRESCOTT, JENNIFER FRANKLIN flmdce 2:2010cv00390 06/21/2010 440
21 PRESCOTT, JENNIFER FRANKLIN flmdce 2:2009cv00602 09/11/2009 440 11/05/2009
22 PRESCOTT, JENNIFER FRANKLIN flmdce 2:2009cv00791 12/04/2009 440 06/24/2010
23 PRESCOTT, JENNIFER FRANKLIN flmdce 2:2008cv00899 12/05/2008 440 02/04/2009

2 BUSSE, JORG flmdce 2:2009cv00041 01/23/2009 890 02/11/2009


3 BUSSE, JORG flmdce 2:2010cv00089 02/09/2010 440
4 BUSSE, JORG flmdce 2:2007cv00228 04/10/2007 440 05/06/2008
5 BUSSE, JORG flmdce 2:2009cv00341 05/26/2009 440 06/04/2009
6 BUSSE, JORG flmdce 2:2008cv00364 05/07/2008 440 07/25/2008
7 BUSSE, JORG flmdce 2:2010cv00390 06/21/2010 440
8 BUSSE, JORG flmdce 2:2009cv00602 09/11/2009 440 11/05/2009
9 BUSSE, JORG flmdce 2:2009cv00791 12/04/2009 440 06/24/2010
10 BUSSE, JORG flmdce 2:2008cv00899 12/05/2008 440 02/04/2009
11 BUSSE, JORG flsdce 9:2009cv82359 12/01/2009 440 12/04/2009
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#!
CASE NO. 08-13170-B
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
ATLANTA, GEORGIA

JORG BUSSE,

Plaintiff-Appellant,

v.

LEE COUNTY, FLORIDA; BOARD OF LEE


COUNTY COMMISSIONERS; LEE COUNTY
PROPERTY APPRAISER; STATE OF FLORIDA
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND, STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION,

Defendants-Appellees.
__________________________________/
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT COURT OF FLORIDA, FORT MYERS DIVISION
_________________________________________________________________
ANSWER BRIEF OF DEFENDANT-APPELLEE,
LEE COUNTY, FLORIDA and BOARD of LEE
COUNTY COMMISSIONERS

DAVID M. OWEN
LEE COUNTY ATTORNEY
2115 Second Street
Post Office Box 398
Fort Myers, Florida 33902
(239) 533-2236
(239) 485-2118 FAX

JACK N. PETERSON
Assistant County Attorney
STATEMENT OF THE FACTS

Public records confirm that Busse owns a lot in a platted subdivision located

in Lee County. This lot (50' x 130') abuts a platted 60 foot wide street. At some point

westward of the street is the Gulf of Mexico Since the subdivision was platted in

1912, considerable accretion has occurred on land bordering the Gulf of Mexico

westward of Busse’s lot. Appellant claims riparian rights. Lee County has claimed

said accreted lands for public park purposes.

4
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#!
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#!

JACK N. PETERSON
http://www.youtube.com/watch?v=frrlmChUoVs&feature=player_embedded#!
Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 20 of 23

finds that Plaintiffs failed to state a claim upon which relief can be granted and dismisses their Equal

Protection claim.

6. Fourteenth Amendment Substantive Due Process Claim

“Substantive due process protects only those rights that are ‘fundamental,’ a description that

applies only to those rights created by the United States Constitution.” Id. (citing Greenbriar

Village, L.L.C. v. Mountain Brook, City, 345 F.3d 1258, 1262 (11th Cir. 2003)). “Property rights

would not be fundamental rights since they are based on state law.” Id.

Here, Plaintiffs claim that they have been denied their alleged property rights in Lot 15A.

These property rights are defined by state law. Therefore, the Court finds that Plaintiffs failed to

state a claim upon which relief can be granted and dismisses their Substantive Due Process Claim.

7. 18 U.S.C. §§ 241, 242 - Conspiracy Against Rights Claim

“If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any

State . . . in the free exercise of enjoyment of any right or privilege secured to him by the

Constitution or laws of the United States, or because of his having so exercised the same . . . [t]hey

shall be fined under this title and imprisoned not more than ten years, or both . . . .” 18 U.S.C. § 241.

Furthermore, “[w]hoever, under color of any law, statute, ordinance, regulation, or custom, willfully

subjects any person in any State . . . to the deprivation of any rights, privileges, or immunities

secured or protected by the Constitution or laws of the United States . . . shall be fined under this title

or imprisoned for not more than one year, or both . . . .” 18 U.S.C. § 242.

Plaintiffs cannot bring an action under these statutes because they are only brought in

criminal proceedings. U.S. v. City of Philadelphia, 644 F.2d 187, 192-93 (3d Cir. 1980)(noting that

the United States initiates criminal prosecutions under these statutes, and there are other adequate

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Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

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“DESCRIPTION”
OF HORSESHIT:
6/13/2010 Civil - Small Claims Detail

Civil / Small Claims Detail Information

* The data displayed below was last modified 1/20/2010 7:03:35 PM

BUSSE, JORG ETAL PLAINTIFF VS STATE OF FLORIDA ETAL DEFENDANT

Case Number: 06-CA-003185


Uniform Case Number: 362006CA0031850001CH
Case Type: CA Declaratory Judgment
Sub Case Type:
Judge: Gerald, Lynn, Jr.
Filed Date: 7/31/2006
Disposition: Other
Disposition Date: 12/5/2008

Plaintiffs

Lay, Janet Attorney: Janet Lay

Busse, Jorg Attorney: Jorg Busse

Roesch Family Attorney: Roesch Family

Ruzicka, Gerald E Attorney: Gerald E Ruzicka

Carroll Family Attorney: Carroll Family

Defendants

Beason, Tom Attorney:

Lee County Property Appraisers Office Attorney:

Turner, John Attorney:

Norman, Reginald Attorney:


http://www.leeclerk.org/Civil_Detail.as… 1/22
Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 1 of 23

UNITED STATES DISTRICT COURT


MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION

JENNIFER FRANKLIN PRESCOTT,


DR. JORG BUSSE,

Plaintiffs,

v. CASE NO. 2: 09-CV-791-FtM-36SPC

ROGER ALEJO; KENNETH M. WILKINSON;


JACK N. PETERSON; ROGER DESJARLAIS;
LEE COUNTY, FLORIDA; LEE COUNTY
VALUE ADJUSTMENT BOARD; LORI L.
RUTLAND; STATE OF FLORIDA, BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND; STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION; CHAD LACH; CHARLES "BARRY"
STEVENS; REAGAN KATHLEEN RUSSELL;
KAREN B. HAWES; CHARLIE GREEN; BOB JANES;
BRIAN BIGELOW; RAY JUDAH; TAMMY HALL;
FRANK MANN; UNITED STATES ATTORNEY(S);
SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID
P. RHODES; A. BRIAN ALBRITTON; CYNTHIA A.
PIVACEK; JOHNSON ENGINEERING, INC.; STEVEN
CARTA; MIKE SCOTT; HUGH D. HAYES; GERALD
D. SIEBENS; STATE OF FLORIDA ATTORNEY
GENERAL; WILLIAM M. MARTIN; PETERSON
BERNARD; SKIP QUILLEN; TOM GILBERTSON,

Defendants.
/

ORDER

THIS CAUSE is before the Court on five motions to dismiss: 1) Defendants A. Brian

Albritton, Sean P. Flynn, E. Kenneth Stegeby, and David P. Rhodes filed their Motion to Dismiss
Crooked Judge Charlene Edwards Honeywell
WHEN STUPID JUDGES LIE
RECORD JUDICIAL TRASH:
Dishon. Charlene E. Honeywell
DOC. # 213 , p. 6
2:09-cv-00791-CEH-SPC
“Besides this hearing before the
Special Magistrate, there is no
indication or record of a state court
proceeding addressing the property
dispute that Plaintiffs continue to
pursue in federal court.”

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Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 6 of 23

classification5 of Lot 15A, Busse “directed his testimony and argument to issues involving a

boundary dispute that he had with the Property Appraiser and Lee County” (Dkt. 64, Ex. 1, p. 38).

Special Magistrate Rutland further noted that she made “no findings concerning [Busse’s] argument

regarding a boundary dispute with the County and the Property Appraiser as that [was] not the issue

on appeal. The only issue [was] whether this property [was] entitled to an agricultural classification”

(Dkt. 64, Ex. 1, p. 38). Besides this hearing before the Special Magistrate, there is no indication or

record of a state court proceeding addressing the property dispute that Plaintiffs continue to pursue

in federal court.

A. Previous Cases

A total of nine cases have been filed in or transferred to the Middle District of Florida

relating to Plaintiffs’ property dispute.

1. Case Number 2:07-CV-228

The first case was filed by Plaintiff Busse against Defendants Lee County, et al. Busse

asserted that Defendants deprived him of ownership and riparian rights as to Lot 15A of the Cayo

Costa Subdivision. Busse further claimed that Resolution 569/875 violated his property rights in the

specified lot. Judge John Steele previously found that there was no jurisdiction over the Takings

Clause claim, no procedural due process claim stated, no equal protection claim stated, and no other

basis for exercising federal jurisdiction. On May 5, 2008, Judge Steele issued an Opinion and Order

dismissing Busse’s Third Amended Complaint without prejudice as to all of the defendants (2:07-

CV-228, Dkt. 338), and a judgment was entered the following day (2:07-CV-228, Dkt. 339).

5
On August 30, 2006, Busse filed an application for agricultural classification of the
property based on the alleged use of bee boxes. The Property Appraiser denied the application
because the property was not being used for a bona fide agricultural purpose when the Appraiser
made a physical inspection of the property on September 15, 2006.
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Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 22 of 23

Flynn, Stegeby, and Rhodes (Dkt. 69) is GRANTED in part. The Court dismisses

this action without prejudice. Additionally, the Court will reserve ruling on the

Motion for Injunctive Relief until after the Show Cause Hearing scheduled in this

case for June 22, 2010.

2. The Motion for Injunctive Relief of Defendants Albritton, U.S. Attorney for the

Middle District of Florida, Rhodes, Flynn, Stegeby, and Assistant U.S. Attorneys for

the Middle District of Florida (Dkt. 97) is DENIED as moot.

3. The Motion to Dismiss and Motion for Injunctive Relief of Defendants Wilkinson,

Alejo, Desjarlais, Peterson, Lee County, Florida, Hawes, Green, Janes, Bigelow,

Judah, Hall, and Mann (Dkt. 115) is GRANTED in part. The Court dismisses this

action without prejudice. Additionally, the Court will reserve ruling on the Motion

for Injunctive Relief until after the Show Cause Hearing scheduled in this case for

June 22, 2010.

4. The Motion to Dismiss of Defendants Hayes and Pivacek (Dkt. 148) is GRANTED

in part. The Court dismisses this action without prejudice.

5. The Motion to Dismiss of Defendant Scott (Dkt. 158) is GRANTED in part. The

Court dismisses this action without prejudice.

6. The Motion to Dismiss of Defendant Johnson Engineering (Dkt. 179) is GRANTED.

7. Of Plaintiffs’ pending motions, fifteen (15) are labeled “Emergency Motion” (Dkt.

5, 118, 143, 152, 160, 161, 162, 163, 164, 165, 184, 191, 192, 194 and 209). None

of these motions present an emergency. They are repetitious, rambling,

incomprehensible and frivolous. In its March 31, 2010 (Dkt. 126) Order To Show

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Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 1 of 23

UNITED STATES DISTRICT COURT


MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION

JENNIFER FRANKLIN PRESCOTT,


DR. JORG BUSSE,

Plaintiffs,

v. CASE NO. 2: 09-CV-791-FtM-36SPC

ROGER ALEJO; KENNETH M. WILKINSON;


JACK N. PETERSON; ROGER DESJARLAIS;
LEE COUNTY, FLORIDA; LEE COUNTY
VALUE ADJUSTMENT BOARD; LORI L.
RUTLAND; STATE OF FLORIDA, BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND; STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION; CHAD LACH; CHARLES "BARRY"
STEVENS; REAGAN KATHLEEN RUSSELL;
KAREN B. HAWES; CHARLIE GREEN; BOB JANES;
BRIAN BIGELOW; RAY JUDAH; TAMMY HALL;
FRANK MANN; UNITED STATES ATTORNEY(S);
SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID
P. RHODES; A. BRIAN ALBRITTON; CYNTHIA A.
PIVACEK; JOHNSON ENGINEERING, INC.; STEVEN
CARTA; MIKE SCOTT; HUGH D. HAYES; GERALD
D. SIEBENS; STATE OF FLORIDA ATTORNEY
GENERAL; WILLIAM M. MARTIN; PETERSON
BERNARD; SKIP QUILLEN; TOM GILBERTSON,

Defendants.
/

ORDER

THIS CAUSE is before the Court on five motions to dismiss: 1) Defendants A. Brian

Albritton, Sean P. Flynn, E. Kenneth Stegeby, and David P. Rhodes filed their Motion to Dismiss
6/13/2010 Civil - Small Claims Detail

Papalas, Menelaos Attorney:

Brigham, Tony Prince Attorney:

Moore, S William Attorney:

Brigham Moore LLP Attorney:

Peterson, Jack Neil Attorney:

Owen, David W Attorney:

Vielhauer, Harold George Attorney:

Godfrey, Lynda Attorney:

Russell, Reagan Kathleen Attorney:

Funchess, L Kathryn Attorney:

Funchess, L Kathryn Attorney:

Johnson, Sherri L Attorney: Amy Kathryn Tuck Farrington

Collins, Donna Marie Attorney:

Chappell, Sheri Polster Attorney:

Steele, John E Attorney:

Gerald, Lynn Attorney: Richard Michael Prendergast

Scott, Mike Attorney: John Westbrook Lewis

Green, Charlie Attorney: Steven William Carta

Lach, Chad Attorney:

Carta, Steven W Attorney: Steven William Carta

State of Florida Attorney: Linda Kathryn Funchess

State of Florida Attorney: Reagan Kathleen Russell

Bush, John Ellis Attorney:

Armstrong, Eva Attorney:

Forsyth, Karen L W Attorney:

Jones, Timothy Attorney:

Janes, Bob Attorney:

Bigelow, A Brian Attorney:

Judath, Ray Attorney:

Hall, Tammy Attorney:

http://www.leeclerk.org/Civil_Detail.as… 2/22
6/13/2010 Civil - Small Claims Detail
Lee County Florida Attorney:

Board of Lee County Commissioners Attorney:

Mann, Frank Attorney:

Stilwell, Donald D Attorney:

Wilkinson, Kenneth M Attorney: Sherri Lynn Johnson

Service Events

Event Service Response Return


Service Text Name
Date Date Due Date Date

Summons (20
7/31/2006 State of Florida 8/8/2006 8/28/2006 8/16/2006
day) Issued

Summons (20
10/3/2006 State of Florida 10/18/2006 11/8/2006 3/14/2007
day) Issued

Summons (20 Lee County Florida Board of


3/30/2007 4/4/2007 4/24/2007 4/5/2007
day) Issued County Commissioners

Summons (20
8/14/2007 Forsyth, Karen L W 10/27/2008 11/17/2008 10/28/2008
day) Issued

Summons (20
8/14/2007 Vielhauer, Harold George
day) Issued

Summons (20
4/14/2008 Russell, Reagan Kathleen 4/23/2008 5/13/2008 4/28/2008
day) Issued

Summons (20
4/25/2008 Vielhauer, Harold George
day) Issued

Summons (20
4/25/2008 Funchess, L Kathryn
day) Issued

Summons (20
7/17/2008 Johnson, Sherri L 10/8/2008 10/28/2008 10/24/2008
day) Issued

Summons (20
7/17/2008 Collins, Donna Marie 7/24/2008 8/13/2008 7/25/2008
day) Issued

Summons (20
7/17/2008 Peterson, Jack Neil 7/24/2008 8/13/2008 7/25/2008
day) Issued

Summons (20
7/17/2008 Wilkinson, Kenneth M 7/24/2008 8/13/2008 7/25/2008
day) Issued

Summons (20
7/17/2008 Russell, Reagan Kathleen
day) Issued

Summons (20
11/14/2008 Steele, John E 11/18/2008 12/8/2008 11/19/2008
day) Issued
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6/13/2010 Civil - Small Claims Detail

Summons (20
11/14/2008 Gerald, Lynn, Jr. 11/18/2008 12/8/2008 11/19/2008
day) Issued

Summons (20
11/14/2008 Scott, Mike 11/18/2008 12/8/2008 11/19/2008
day) Issued

Summons (20
11/17/2008 Green, Charlie 11/19/2008 12/9/2008 11/20/2008
day) Issued

Summons (20
11/17/2008 Janes, Bob 11/18/2008 12/8/2008 11/19/2008
day) Issued

Summons (20
11/17/2008 Owen, David W 11/18/2008 12/8/2008 11/19/2008
day) Issued

Summons (20
11/20/2008 Carta, Steven W 11/24/2008 12/15/2008 11/25/2008
day) Issued

Summons (20
11/20/2008 Lach, Chad 12/1/2008 12/22/2008 12/3/2008
day) Issued

Summons (20
11/25/2008 Brigham, Tony Prince
day) Issued

Summons (20
11/25/2008 Chappell, Sheri Polster
day) Issued

Summons (20
12/1/2008 Chappell, Sheri Polster
day) Issued

Docket Lines

Docket
Docket Text
Date

7/31/2006 Petition

7/31/2006 Civil Cover Sheet

7/31/2006 Summons (20 day) Issued State of Florida (Served 08/08/2006)

8/14/2006 Notice of Appearance

8/16/2006 Petition

8/16/2006 Motion to Dismiss

8/29/2006 Correspondence

9/6/2006 Motion for Temporary Injunction

9/8/2006 Motion to Dismiss

10/3/2006 Summons (20 day) Issued State of Florida (Served 10/18/2006)

10/3/2006 Amended Petition


http://www.leeclerk.org/Civil_Detail.as… 4/22
Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

JUDICIAL TRASH
DOC. # 213
2:09-cv-00791-CEH-SPC
Prescott, et al., v. State of Florida, et al., 343 Fed. Appx. 395, 396-97 (11th Cir. Apr. 21, 2009):

“I. BACKGROUND
A. Current Action
The Appellants are owners of Lot 15A in the Cayo Costa subdivision
in Lee County, Florida. On May 5, 2008, the Appellants filed the present
pro se complaint against numerous state and county officials n1 alleging
that they had violated the Appellants' constitutional rights with respect to
their Cayo Costa property. Most of the allegations in the complaint
concern the 1969 Lee County Resolution 569/875, which claimed the
undesignated areas on the east and west side of the Cayo Costa
subdivision plat and all accretions thereto as public land to be used for
public purposes. The Appellants' Lot 15A is on the west side of the
Cayo Costa subdivision on the Gulf of Mexico and is adjacent to
land that was claimed through Resolution 569/875 to create the
Cayo Costa State Park.”
- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - - 1
The complaint named the following defendants (herein collectively "the Appellees"): (1) the State of
Florida Board of Trustees of the Internal Improvement Trust Fund; (2) the Florida Department of
Environmental Protection, Division of Recreation and Parks; (3) Lee County, Florida; (4) the Board of
Lee County Commissioners; (5) Jack N. Peterson, Lee County Attorneys [*3] Jack Peterson, Donna
Marie Collins, and David Owen; (6) Lee County property appraisers Kenneth M. Wilkinson and Sherri L.
Johnson; and (7) Cayo Costa State Park employees Reginald Norman, Harold Vielhauerin, Linda
Funchess, Reagan Russell, and Tom Beason.

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Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

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STATEMENT OF THE CASE

1. Nature of the Suit

Appellant Busse claims to own and public records confirm his ownership of a

50' x 130' lot bordering a platted 60' street on a barrier island in Lee County named

Cayo Costa. Busse claims riparian rights. The State, the County and the Property

Appraiser deny his claim of riparian rights.

2. Course of Proceedings

Busse’s various attempts to frame a complaint (Dkt. Nos. 1, 25, 102, 282,

288) were dismissed by the Court (Dkt. Nos. 87, 267, 338). Between these events,

Busse, in what can only be termed as vexatiously, filed a barrage of “motions” (e.g.

Dkt. No. 65: “emergency motion for criminal prosecution of defendants’ lawyers”;

Dkt. No. 68: “plaintiff’s motion for emergency hearing on the issue of defendants’

1969 bogus resolution”; Dkt. No. 70:, inter alia, “motion to restrain defendants...from

use of deadly weapons in the private Cayo Costa subdivision”) and other pleadings

variously termed “notices” (e.g. Dkt.Nos. 48, 62, 63, 92, 221), “responses”,

“exhibits”, “evidence”, “interrogatories”, “affidavits”, “memorandums”, etc. The

docket below stands res ipsa loquitur.

Busse, apparently as a litigation tactic, also filed formal complaints with the

2
TABLE OF CONTENTS

Page

TABLE OF CITATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii

CERTIFICATE OF INTERESTED PERSONS . . . . . . . . . . . . . . . . . . . . . . . . . . iii

STATEMENT OF JURISDICTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv

STATEMENT REGARDING ORAL ARGUMENT . . . . . . . . . . . . . . . . . . . . . v

STATEMENT OF THE ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

STATEMENT OF THE CASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2


1. Nature of the Suit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Course of Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3. Disposition Below . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

STATEMENT OF THE FACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

STANDARD OF REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

SUMMARY OF ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1. The District Court properly dismissed the complaint for lack of
federal subject matter jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

CERTIFICATE OF COMPLIANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

CERTIFICATE OF SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

i
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on August ____, 2008, I sent two true and correct

copies of the foregoing to: Jorg Busse, Post Office Box 1126, Naples, FL 34106-

1126; and one copy each to the following: Harold G. Vielhauer, Esq., L. Kathryn

Funchess, Esq. and Reagan K. Russell, Esq., Florida Department of Environmental

Protection, 3900 Commonwealth Blvd., M.S. 35, Tallahassee, FL 32399 and Sherri

L. Johnson, Dent & Johnson, Chartered, 3415 Magic Oak Lane, Post Office Box

3259, Sarasota, FL 34230.

DAVID M. OWEN
LEE COUNT ATTORNEY
2115 SECOND STREET
POST OFFICE BOX 398
FORT MYERS, FLORIDA 33902
(239) 533-2236

By:________________________
JACK N. PETERSON
Assistant County Attorney
Florida Bar No. 0832774

11
Crooked Judge Charlene Edwards Honeywell
JUDICIAL TRASH
DOC. # 213, PAGE 5
CORRUPT BUNGLING JUDGE
CHARLENE EDWARDS HONEYWELL

“I. BACKGROUND 4
Plaintiffs allege that they are the owners of Lot 15A in the Cayo Costa
Subdivision of Lee County, Florida (Dkt. 1, ¶1; Dkt. 5, ¶1). In a resolution
adopted in December 1969 by the Board of Commissioners of Lee County,
Florida, Lot 15A, among other property, was claimed as public land (“Resolution
569/875") (Dkt 5, Ex. 3, p. 9). See Prescott, et al., v. State of Florida, et al., 343
Fed. Appx. 395, 396-97 (11th Cir. Apr. 21, 2009); Busse, et al. v. Lee County,
Florida, et al., 317 Fed. Appx. 968, 970 (11th Cir. Mar 5, 2009).”

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Crooked Judge Charlene Edwards Honeywell

http://www.scribd.com/Judicial%20Fraud
Crooked Judge Charlene Edwards Honeywell

PUBLIC PROPERTY TAX RECORDS:

PLAINTIFFS PAID PROPERTY TAXES:

LAND PARCEL “12-44-20-01-00015.015A”

“LEGAL DESCRIPTION:
CAYO COSTA PB 3 PG 25 LOT 15A”

“PAID”
By
Jennifer Franklin Prescott,

Dr. Jorg Busse,

Record Unimpeachable Landowners

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Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

http://www.scribd.com/Judicial%20Fraud
Crooked Judge Charlene Edwards Honeywell

http://www.scribd.com/Judicial%20Fraud
Crooked Judge Charlene Edwards Honeywell

http://www.scribd.com/Judicial%20Fraud
Crooked Judge Charlene Edwards Honeywell

http://www.scribd.com/Judicial%20Fraud
Crooked Judge Charlene Edwards Honeywell

http://www.scribd.com/Judicial%20Fraud
Crooked Judge Charlene Edwards Honeywell

http://www.scribd.com/Judicial%20Fraud
Crooked Judge Charlene Edwards Honeywell

http://www.scribd.com/Judicial%20Fraud
Crooked Judge Charlene Edwards Honeywell

http://www.scribd.com/Judicial%20Fraud
Crooked Judge Charlene Edwards Honeywell

CORRUPT HONEYWELL STRUCK AGAIN:


Fixed Latest Case & “Dismissed”
UN-FILED Allegations & Evidence
against Defendant(s), e.g.:
Johnson Engineering, Inc.
Lee County, Florida
Lee County Value Adjustment Board
State of Florida Attorney General
Janes
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Crooked Judge Charlene Edwards Honeywell
Bigelow
Pivacek
Mann
Siebens
Hayes
Rutland
Scott
Peterson Bernard
Judah
Quillen
Carta
Hall
Gilbertson
Martin

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Crooked Judge Charlene Edwards Honeywell

THE COURT ONLY FILED


COMPLAINT PAGES 1-100,
AND 179,180.

THE COURT NEVER FILED


PAGES 101-178 AND EXHIBITS:
See Doc. # 1.

Page Defendant(s)
9 State of Florida
26 Stevens
32 Lach
34 Russell
38 Alejo
49 Peterson
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Crooked Judge Charlene Edwards Honeywell
56 Wilkinson
73 Green
79 Hawes
81 Desjarlais
94-113 (U.S. Attorneys)

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Crooked Judge Charlene Edwards Honeywell
Face of Real Estate Fraud:
• Fake “lot” and “block” numbers such as,
e.g.:
o “12-44-20-01-00000.00A0”;
o “07-44-21-01-00001.0000”;
Neither fake “lot” “00A0” nor “block”
“00001”ever existed.
• Fake “Government ownership” claims;
• Fake “transaction(s)” such as, e.g., “O.R.
569/875”;
• Fake “resolution” and “law” “claims”;
• Fake “land” “parcels”;
• Fake “frivolity” “defenses”;
• Fake “vexatiousness” contentions;
• Fake “legal descriptions”:

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Crooked Judge Charlene Edwards Honeywell

http://www.reportpubliccorruption.org/

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Crooked Judge Charlene Edwards Honeywell
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http://www.reportpubliccorruption.org/

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Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

http://www.scribd.com/Judicial%20Fraud
Crooked Judge Charlene Edwards Honeywell

http://www.scribd.com/Judicial%20Fraud
Crooked Judge Charlene Edwards Honeywell

http://www.scribd.com/Judicial%20Fraud
Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

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Crooked Judge Charlene Edwards Honeywell

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Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 1 of 23

UNITED STATES DISTRICT COURT


MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION

JENNIFER FRANKLIN PRESCOTT,


DR. JORG BUSSE,

Plaintiffs,

v. CASE NO. 2: 09-CV-791-FtM-36SPC

ROGER ALEJO; KENNETH M. WILKINSON;


JACK N. PETERSON; ROGER DESJARLAIS;
LEE COUNTY, FLORIDA; LEE COUNTY
VALUE ADJUSTMENT BOARD; LORI L.
RUTLAND; STATE OF FLORIDA, BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND; STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION; CHAD LACH; CHARLES "BARRY"
STEVENS; REAGAN KATHLEEN RUSSELL;
KAREN B. HAWES; CHARLIE GREEN; BOB JANES;
BRIAN BIGELOW; RAY JUDAH; TAMMY HALL;
FRANK MANN; UNITED STATES ATTORNEY(S);
SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID
P. RHODES; A. BRIAN ALBRITTON; CYNTHIA A.
PIVACEK; JOHNSON ENGINEERING, INC.; STEVEN
CARTA; MIKE SCOTT; HUGH D. HAYES; GERALD
D. SIEBENS; STATE OF FLORIDA ATTORNEY
GENERAL; WILLIAM M. MARTIN; PETERSON
BERNARD; SKIP QUILLEN; TOM GILBERTSON,

Defendants.
/

ORDER

THIS CAUSE is before the Court on five motions to dismiss: 1) Defendants A. Brian

Albritton, Sean P. Flynn, E. Kenneth Stegeby, and David P. Rhodes filed their Motion to Dismiss
Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 2 of 23

and Motion for Injunctive Relief on February 26, 2010 (Dkt. 69);1 2) Defendants Kenneth W.

Wilkinson, Roger Alejo, Roger Desjarlais, Jack N. Peterson, Lee County, Florida, Karen B. Hawes,

Charlie Green, Bob Janes, Brian Bigelow, Ray Judah, Tammy Hall, and Frank Mann filed their

Motion to Dismiss on March 30, 2010 (Dkt. 115);2 3) Defendants The Honorable Hugh D. Hayes

and The Honorable Cynthia A. Pivacek filed their Motion to Dismiss on April 12, 2010 (Dkt. 148);

4) Defendant Mike Scott filed his Motion to Dismiss on April 20, 2010 (Dkt. 158); and Defendant

Johnson Engineering, Inc. filed its Motion to Dismiss on May 24, 2010 (Dkt. 179).

In addition, Plaintiffs have filed several motions: 1) Emergency Motion to Enjoin Fraudulent

Judgments and Execution of Fraudulent Judgments in Case No. 2:07-CV-228 filed on December 4,

2009 (Dkt. 5); 2) Emergency Motion for Judicial Notice of Appeal and Payment of Appeal Fees in

U.S. District Court, Case # 2:07-CV-00228-Fort Myers-JES-SPC, Doc. # 428, Appeal From

Governmental Corruption, Fraud, and Fraud on the Court filed on March 29, 2010 (Dkt. 118); 3)

Motion for Summary Judgment Against U.S. Attorneys filed on March 29, 2010 (Dkt. 119); 4)

Motion for Sanctions After Expiration of 21 Days, and Memorandum, Fed. R. Civ. P. 11 filed on

March 29, 2010 (Dkt. 121); 5) Motion for Change of Venue Because of Record Corruption,

Concealment, Fraud on the Court, and Obstruction of Justice filed on March 29, 2010 (Dkt. 123);

6) Motion for Relief from Defendants’ Fraud on the Court, and Memorandum in Support of

Defendants’ Fraud on the Court and Fraudulent Pleadings, Doc. # 69, and 70, and Plaintiffs’ Direct

1
These Defendants also filed a motion for injunctive relief (Dkt. 97) and a motion for
sanctions against Plaintiffs (Dkt. 149).
2
These Defendants also adopted co-Defendants Albritton, Flynn, Stegeby and Rhodes’
Motion (Dkt. 69) as to “Background,” Argument, and Injunctive Relief in their Motion to
Dismiss.

-2-
Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 3 of 23

Attack Upon Any and All Previous Orders & Judgments, Which Were Procured Through Fraud &

Fraudulent Pretenses filed on March 29, 2010 (Dkt. 124); 7) Motions for Corrections of Docket and

Filing of Entire Complaint filed on April 7, 2010 (Dkt. 135);3 8) Emergency Motions to Enjoin

Fraudulent Concealment of Governmental Forgeries by Crooked Defendant Assistant Attorney Jack

N. Peterson, and Strike His Purported “Motion to Dismiss” for Idiotic Name Calling Such As, E.G.,

“Vexatious and/or Bothersome Litigant” to Criminally Coerce the Plaintiffs to Refrain from

Litigation filed on April 9, 2010 (Dkt. 143); 9) Emergency Motion for Recusal of “Judicial

Prostitute” Chappell Who Accepted Defendants’ Bribes in Exchange for Case Fixing, See “Order,”

Doc. # 127, 04/01/2010 and for Judicial Notice of Nazi-Style Judicial and Governmental Record

Bullying & Coercion to Cover Up Governmental Forgeries filed on April 12, 2010 (Dkt. 144); 10)

Emergency Motions for Judicial Notice of Governmental Terror by Vexatious Defendants and of

Appeal Number 10-10967-I as “Docketed on March 5, 2010" filed on April 9, 2010 (Dkt. 146);11)

Emergency Motion to ‘Enjoin’ Nazi-Style Governmental Tactics of Terror, Oppression, Retaliation,

Fraud on the Court, Doc. # 149, and Criminal Concealment of Forgeries “O.R. 569/875" filed on

April 16, 2010 (Dkt. 152); 12) Emergency Motions for Judgment(s) on the Merits Against

Defendants Lee County and Sanctions Against Said Defendants for Criminal Concealment of Fake

“Law,” “O.R. 569/875,” which Had No Legal Effect, Because Law Prohibited “Legislative

Adjudication” of Fundamental Property Rights & Plaintiffs’ Record Ownership filed on April 23,

2010 (Dkt. 160); 13) Emergency Motions for Judgment(s) on the Merits Against “Federal

3
Plaintiffs’ Complaint, that was transferred from the West Palm Beach Division of the
Southern District of Florida, contains 103 pages. However, the last two pages of the Complaint
are numbered 179 and 180. Pages 101-178 are not included in the instant Complaint. The Court
has confirmed, through inquiry of the Clerk of the Southern District of Florida, that Plaintiffs’
Complaint was filed without pages 101 - 178 and without any exhibits.

-3-
Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 4 of 23

Defendants” and Sanctions Against Said Defendants, and “Legal Whore” Corinis, for Criminal

Concealment of Fake “Law,” E.G. Doc. #159, 04/21/2010, filed on April 23, 2010 (Dkt. 161); 14)

Emergency Motion to Cease and Desist Case Fixing & Adjudicate Pro Se Plaintiffs’ Claims in Their

Favor Under the Law filed on April 23, 2010 (Dkt. 162);15) Emergency Motion to Enjoin Reverse

Discrimination & Fraud by Afro American Judge Charlene Edwards Honeywell Against the Pro Se

Caucasian Plaintiffs filed on April 23, 2010 (Dkt. 163); 16) Emergency Motion to Enjoin Hate Mail

& Threats by Defendant Psychopath Jack N. Peterson filed on April 23, 2010 (Dkt. 164); 17)

Emergency Motion to Comply with Fed. R. Evidence and to Enjoin “Final Solution” of “Frivolity”

and Hate Crimes against Pro Se Plaintiffs filed on April 23, 2010 (Dkt. 165); 18) Motion for

Sanctions Against Defendant Judges Who Concealed Criminal Invasion of Private Property Rights

Under Fraudulent Pretenses of “Frivolity” Doc. # 148 “04/12/2010" filed on April 23, 2010 (Dkt.

166); 19) Motion for Reconsideration filed on June 1, 2010 (Dkt. 182); 20) Motion for

Reconsideration of Order filed on June 1, 2010 (Dkt. 183); 21) Emergency Motion to Enjoin Record

Crimes & “Public Sale” Scam Perpetrated by Defendant Corrupt Official Kenneth M. Wilkinson,

Emergency Motion to Enjoin Record Crimes and “Order Directing Public Sale of Real Property,”

by Defendant Corrupt Official Kenneth M. Wilkinson, Doc. # 432-3, 5/21/10, Public Notice of Prima

Facie Criminality of “Wilkinson’s Motion for Entry of Order Directing Public Sale of Real Property

and Incorporated Memorandum of Law,” Doc. # 432, 05/21/2010, and Cover Up of Corruption under

Fraudulent Pretenses of “Frivolity” filed on June 4, 2010 (Dkt. 184); 22) Emergency Motion for

Relief from Fraud on the Court, Rule 60(b), Judicial Corruption, Bribery, and Criminal Concealment

of Record Absence of Any “Lee County” Title or Ownership of Facially Forged Parcels “12-44-20-

01-00000.00A0" & 07-44-21-01-00001.0000 filed on June 17, 2010 (Dkt. 191); 23) Emergency

-4-
Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 5 of 23

Motions for Change of Venue Because of Proven Judicial Corruption, Bribery, and Criminal

Concealment of Record Absence of Any “Lee County” Title or Ownership of Facially Forged Parcels

“12-44-20-01-00000.00A0" & 07-44-21-01-00001.0000 filed on June 17, 2010 (Dkt. 192); 24)

Emergency Motion for Recusal of Defendant Crooked Judge Charlene Edwards Honeywell, 28

U.S.C. § 455, 18 U.S.C. §§ 241, 242 filed on June 17, 2010 (Dkt. 193); and 25) Emergency Motion

for Order to Show Good Cause Why Crooked Judge C.E. Honeywell is Not Conspiring to Criminally

Conceal Governmental Forgery of Non-Existent Sham “Parcel” “12-44-20-01-00000.00A0" as

Evidenced by 1912 Plat in Lee County Plat Book 3, Page 25, and Transcript of 11/07/2007 Court

Hearing Before Crooked Chappell filed on June 17, 2010 (Dkt. 194).

I. BACKGROUND4

Plaintiffs allege that they are the owners of Lot 15A in the Cayo Costa Subdivision of Lee

County, Florida (Dkt. 1, ¶1; Dkt. 5, ¶1). In a resolution adopted in December 1969 by the Board of

Commissioners of Lee County, Florida, Lot 15A, among other property, was claimed as public land

(“Resolution 569/875") (Dkt 5, Ex. 3, p. 9). See Prescott, et al., v. State of Florida, et al., 343 Fed.

Appx. 395, 396-97 (11th Cir. Apr. 21, 2009); Busse, et al. v. Lee County, Florida, et al., 317 Fed.

Appx. 968, 970 (11th Cir. Mar 5, 2009).

On November 17, 2009, Plaintiff Busse appeared for a “quasi-judicial proceeding[]” before

a Special Magistrate of the Value Adjustment Board of Lee County, Florida (Dkt. 1, p. 2; Dkt. 64,

Ex. 1). Busse appealed a denial of agricultural classification of Lot 15A (Dkt. 64, Ex. 1, p. 38).

Special Magistrate Lori Rutland noted that although he appealed a denial of the agricultural

4
Plaintiffs’ Complaint is over one hundred (100) pages and does not clearly explain or
designate the factual bases of the underlying causes of action. Based on multiple reviews of the
Complaint, in addition to the opinions written by the Eleventh Circuit, this Court attempts to
summarize the bases of Plaintiffs’ claims.
-5-
Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 6 of 23

classification5 of Lot 15A, Busse “directed his testimony and argument to issues involving a

boundary dispute that he had with the Property Appraiser and Lee County” (Dkt. 64, Ex. 1, p. 38).

Special Magistrate Rutland further noted that she made “no findings concerning [Busse’s] argument

regarding a boundary dispute with the County and the Property Appraiser as that [was] not the issue

on appeal. The only issue [was] whether this property [was] entitled to an agricultural classification”

(Dkt. 64, Ex. 1, p. 38). Besides this hearing before the Special Magistrate, there is no indication or

record of a state court proceeding addressing the property dispute that Plaintiffs continue to pursue

in federal court.

A. Previous Cases

A total of nine cases have been filed in or transferred to the Middle District of Florida

relating to Plaintiffs’ property dispute.

1. Case Number 2:07-CV-228

The first case was filed by Plaintiff Busse against Defendants Lee County, et al. Busse

asserted that Defendants deprived him of ownership and riparian rights as to Lot 15A of the Cayo

Costa Subdivision. Busse further claimed that Resolution 569/875 violated his property rights in the

specified lot. Judge John Steele previously found that there was no jurisdiction over the Takings

Clause claim, no procedural due process claim stated, no equal protection claim stated, and no other

basis for exercising federal jurisdiction. On May 5, 2008, Judge Steele issued an Opinion and Order

dismissing Busse’s Third Amended Complaint without prejudice as to all of the defendants (2:07-

CV-228, Dkt. 338), and a judgment was entered the following day (2:07-CV-228, Dkt. 339).

5
On August 30, 2006, Busse filed an application for agricultural classification of the
property based on the alleged use of bee boxes. The Property Appraiser denied the application
because the property was not being used for a bona fide agricultural purpose when the Appraiser
made a physical inspection of the property on September 15, 2006.
-6-
Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 7 of 23

On appeal, the Eleventh Circuit found that Busse did not state a valid claim for procedural

due process, equal protection, or substantive due process (2:07-CV-228, Dkt. 365, p. 10-12); Busse,

et al. v. Lee County, Florida, et al., 317 Fed. Appx. 968, 974 (11th Cir. Mar. 5, 2009), reh’g denied,

347 Fed. Appx. 555 (11th Cir. May 27, 2009). As for the Takings Clause claim, the Eleventh Circuit

held that Busse “ha[d] not alleged that he sought and was denied compensation through available

state procedures,” and therefore, “his Takings Clause claim [was] not . . . ripe for review” (2:07-CV-

228, Dkt. 365, p. 9). Consequently, the Eleventh Circuit affirmed the District Court’s dismissal

(2:07-CV-228, Dkt. 365).6

In light of the Eleventh Circuit’s affirmation, Busse filed several notices of appeal in July

2009, seeking review of the same motions and demands that had previously been dismissed by the

Eleventh Circuit. All of these notices were dismissed for lack of prosecution because Busse did not

pay the filing fees.

Despite previous court orders, Busse continued to file repetitive motions for relief from the

judgment (2:07-CV-228, Dkt. 381-83), which were denied as moot (2:07-CV-228, Dkt. 384). On

November 30, 2009, Defendant Wilkinson filed a Motion for Writ of Execution (2:07-CV-228, Dkt.

386). Busse then filed several emergency motions for relief from the “fraudulent” judgment, in

addition to several notices of appeal (2:07-CV-228, Dkt. 388-415). Again, the notices of appeal

were dismissed for lack of prosecution, and an order was issued on January 26, 2010 denying all of

Busse’s pending notices of appeal and emergency motions for relief and recusal (2:07-CV-228, Dkt.

422). Notably, the Order directed the Clerk to no longer accept any filing, related or unrelated to this

6
Busse also filed a notice of appeal claiming case-fixing, bribery, corruption,
conspiracy under false pretenses, etc. on May 4, 2009. The Eleventh Circuit dismissed the
Notice of Appeal sua sponte because Busse did not file it within 30 days of the District Court’s
order, thus making his demands moot (Dkt. 366, p. 2).
-7-
Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 8 of 23

specific case, by Plaintiff Prescott or Plaintiff Busse, for filing in the case was closed, except for a

single notice of appeal as to the Order.

On February 1, 2010, the Magistrate Judge issued an order granting Defendant Wilkinson’s

Motion for Issuance of a Writ of Execution (2:07-CV-228, Dkt. 424). The Writ of Execution issued

on February 2, 2010 (2:07-CV-228, Dkt. 425).

2. Case No. 2:08-CV-364

In the midst of the initial case, Plaintiffs filed a second complaint on May 5, 2008, which was

the same day that Judge Steele dismissed Plaintiff Busse’s complaint in Case No. 2:07-CV-228.

On July 15, 2008, the Court issued an order emphasizing that the allegations in the complaint were

nearly identical to those in 2:07-CV-228 (2:08-CV-364, Dkt. 56). Because the Court previously

found no basis for federal jurisdiction over Busse’s claims, it directed Plaintiffs to show cause as to

why the case should not be dismissed for lack of subject matter jurisdiction. On July 24, 2008, the

Court issued an order dismissing the complaint without prejudice for the same reasons as previously

stated in the related case, 2:07-CV-228 (2:08-CV-364, Dkt. 70).7

3. Case No. 2:08-CV-899

On December 8, 2008, while 2:07-CV-228 was pending and after 2:08-CV-364 was

dismissed, Plaintiffs filed a third complaint. In this case, Plaintiffs alleged claims against various

state and federal judges, including Judge Steele, Magistrate Judge Sheri Chappell, and state entities,

alleging that Plaintiffs held “perfect exclusive unencumbered legal title” to Lot 15A, which was the

basis of the two previous cases (2:08-CV-899, Dkt. 2, ¶2). Because the previous complaints were

7
The Eleventh Circuit Court of Appeals affirmed the dismissal. Prescott, et al. v. State
of Florida, et al., 343 Fed. Appx. 395 (11th Cir. Apr. 21, 2009).
-8-
Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 9 of 23

dismissed, Plaintiffs alleged that Defendants were corrupt and denied their rights. The judges in the

Fort Myers Division of the Middle District of Florida recused themselves from presiding over this

case (2:08-CV-899, Dkt. 7). Consequently, Judge Richard Lazzara and Magistrate Judge Mark Pizzo

of the Tampa Division presided over the case.

On December 30, 2008, Magistrate Judge Pizzo entered an order directing Plaintiffs to show

cause as to why the case should not be dismissed based on the Opinion and Order entered in 2:07-

CV-228 (2:08-CV-899, Dkt. 52). The Order also established certain restrictions on Plaintiffs’ filings

and contact with parties. Upon finding violations of the Order, Magistrate Judge Pizzo set a hearing

for which Plaintiffs failed to appear (2:08-CV-899, Dkt. 75). After their failure to appear, Magistrate

Judge Pizzo entered another order directing Plaintiffs to appear before Judge Lazzara to show cause

as to why they should not be adjudged in contempt (2:08-CV-899, Dkt. 76). Magistrate Judge Pizzo

also issued a Report and Recommendation recommending that the Complaint be dismissed with

prejudice (2:08-CV-899, Dkt. 121).

On the date of the second hearing, January 20, 2009, Plaintiffs once again failed to appear

in spite of notice that they would be subject to sanctions if they did not appear as directed (2:08-CV-

899, Dkt. 147-48). On February 4, 2009, the Report and Recommendation was adopted, the case

was dismissed with prejudice, and further filings in the case were restricted (2:08-CV-899, Dkt.

186). The numerous and non-consolidated appeals were dismissed by the Eleventh Circuit because

the orders appealed were not appealable, the notices of appeal were untimely, or the appeals were

not prosecuted.

4. Case No. 2:09-CV-41

On January 23, 2009, while 2:07-CV-228 was being appealed to the Eleventh Circuit, after

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Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 10 of 23

2:08-CV-364 was dismissed and before 2:08-CV-899 was dismissed, Plaintiffs filed a fourth

complaint again alleging conspiracy, “case-fixing,” corruption, and fraud by various federal and state

judges, including Judge Steele, Magistrate Judge Chappell, and other state entities with regard to the

same property. As done previously, the judges in the Fort Myers Division of the Middle District of

Florida recused themselves from presiding over this case (2:09-CV-41, Dkt. 7). On January 30,

2009, Judge Lazzara issued an order directing Plaintiffs to show cause as to why the case should not

be dismissed with prejudice and without notice (2:09-CV-41, Dkt. 8). On February 10, 2009, finding

only “a barrage of motions, objections, and miscellaneous pleadings which were prolix in nature and

incomprehensible and unintelligible in content,” Judge Lazzara dismissed the complaint with

prejudice and directed that no further filings in the case would be accepted except for a single notice

of appeal (2:09-CV-41, Dkt. 75).8 On September 10, 2009, the Eleventh Circuit summarily affirmed

the dismissal of the complaint and four days later dismissed the additional appeals for want of

prosecution (2:09-CV-41, Dkt. 133-34).

5. Case No. 2:09-CV-341

On May 26, 2009, after having two complaints dismissed without prejudice and two

complaints dismissed with prejudice, Plaintiffs filed a fifth complaint alleging, yet again, claims

against federal judges, the Clerk of Court, various state entities and counsel who appeared on behalf

of named Defendants. Plaintiffs alleged several nefarious acts relating to the same property. Judge

Lazzara issued an order directing Plaintiffs to show cause as to why the complaint should not be

dismissed as frivolous (2:09-CV-341, Dkt. 7). On June 4, 2009, Judge Lazzara dismissed the case

with prejudice after finding no intelligent response to the previous Order and determining that the

8
Judge Lazzara previously reminded Plaintiffs of the Court’s obligation to respond to
copious and almost daily emergency filings (See, e.g. 2:09-CV-41, Dkt. 31).
- 10 -
Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 11 of 23

complaint was patently frivolous (2:09-CV-341, Dkt. 17). Plaintiffs’ filings were again restricted

based on their consistent pattern of frivolous filings of motions and notices. The numerous appeals

were dismissed as frivolous or for want of prosecution.

6. Case No. 2:09-CV-602

On September 11, 2009, after the previous five cases were dismissed, Plaintiffs filed a sixth

complaint relating to the same property. As before, Plaintiffs filed complaints alleging nefarious

acts against federal judges, state judges, state entities, counsel representing Defendants, and even the

United States of America. After several motions were filed by Plaintiffs for recusal, summary

judgment, and other judicial actions, Judge Lazzara issued an order on November 11, 2009

dismissing the case with prejudice (2:09-CV-602, Dkt. 148). Judge Lazzara further directed the

Clerk not to accept any filings from Plaintiffs in this case with the exception of a single notice of

appeal from the Order. Judge Lazzara also warned that if Plaintiffs instituted another baseless action

that the Court would look favorably on imposing an injunction and sanctions.

7. Case No. 2:10-CV-89

On February 9, 2010, Plaintiffs filed their eighth complaint about the same property. Again,

Plaintiffs filed claims against federal judges, state judges, state entities, and counsel representing

Defendants. This case has been reassigned to this Court.

8. Case No. 2:10-CV-390

On June 21, 2010, Plaintiffs filed their ninth complaint about the same property and court

proceedings that have occurred in prior lawsuits. Plaintiffs filed claims against federal judges and

attorneys. This case has been assigned to Judge John Steele.

- 11 -
Case 2:09-cv-00791-CEH-SPC Document 213 Filed 06/23/10 Page 12 of 23

B. Current Case

Despite having a total of six dismissed complaints and being warned of instituting another

action pertaining to Lot 15A against the same and similar Defendants, Plaintiffs filed their present

complaint on December 1, 2009 in the West Palm Beach Division of the Southern District of

Florida9 (Dkt. 1). Yet again, Plaintiffs assert virtually the same allegations of corruption, fraud, and

bribery against state judges, state entities, and counsel for Defendants among others. Despite titling

their Complaint as an “Independent Action for Relief from Fraud on the Courts,” it is apparent that

the present complaint relates to the same property, Lot 15A of the Cayo Costa Subdivision. In their

Complaint, which totals in excess of 230 numbered paragraphs, Plaintiffs continue to allege

Constitutional violations relating to this property and the litigation surrounding it. As outlined

previously, Plaintiffs have filed a litany of motions and notices, most of which are convoluted and

incomprehensible.

Plaintiffs allege claims in this case against several Defendants from previous litigation.

Plaintiffs claim violations of the First, Fourth, Fifth, Seventh, and Fourteenth Amendments (Dkt. 1,

¶229). They also state that there is federal jurisdiction under 18 U.S.C. §§ 241, 242 and 42 U.S.C.

§§ 1983, 1985, 1988. Id. These claims are in addition to several alleged state law claims.

II. ANALYSIS

A. Failure to State a Claim

“While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed

factual allegations, [ ] a plaintiff's obligation to provide the ‘grounds’ of his ‘entitle[ment] to relief’

9
The case was transferred to the Fort Myers Division of the Middle District of Florida on
December 4, 2009 (Dkt. 3).
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requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of

action will not do.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 545, 127 S.Ct. 1955, 167 L.Ed.2d 929

(2007)(citations omitted). A plaintiff must plead enough facts to state a plausible basis for the claim.

Id.(emphasis added). “Pro se pleadings are held to a less stringent standard than pleadings drafted

by attorneys and will, therefore, be liberally construed.” Tannenbaum v. United States, 148 F.3d

1262, 1263 (11th Cir. 1998)(citing Fernandez v. United States, 941 F.2d 1477, 1491 (11th Cir.

1991)).

Plaintiffs’ Complaint alleges claims under 42 U.S.C. §§ 1983, 1985, 1988,10 in addition to

the First, Fourth, Fifth, Seventh, Eleventh, and Fourteenth Amendments. Even assuming that a

federal question is present, this case must be dismissed for failure to adequately state a claim upon

which relief can be granted.

1. 42 U.S.C. § 1983 Claim

Federal Rule of Civil Procedure 8(a)(2) requires a plaintiff to state a cause of action in “a

short and plain statement of the claim showing that the pleader is entitled to relief.” There is a

higher pleading requirement for Section 1983 cases in the Eleventh Circuit to “weed out

10
42 U.S.C. § 1988(a) reads:

The jurisdiction in civil and criminal matters conferred on the district


courts by the provisions of titles 13, 24, and 70 of the Revised
Statutes for the protection of all persons in the United States in their
civil rights, and for their vindication, shall be exercised and enforced
in conformity with the laws of the United States, so far as such laws
are suitable to carry the same into effect . . . .

The Court is unclear what claim Plaintiffs attempt to allege under this particular statute.
Generally, this statute has been cited as it applies to attorney and expert fees. 42 U.S.C. §
1988(b), (c). Seeing that neither appears to be applicable to this case, the Court will not analyze
this alleged claim.
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nonmeritorious claims.” GJR Invs., Inc. v. County of Escambia, 132 F.3d 1359, 1367 (11th Cir.

1998). “Thus a plaintiff must allege some factual detail as the basis for a § 1983 claim.” Keating

v. City of Miami, 598 F.3d 753, 763 (11th Cir. 2010)(citation omitted). “To survive a motion to

dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief

that is plausible on its face.’” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868

(2009)(quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929

(2007)).

The Court will now address Plaintiffs’ Constitutional claims arising under 42 U.S.C. § 1983.

a. First Amendment Claim

“The First Amendment itself expressly provides that ‘Congress shall make no law . . .

abridging the freedom of speech . . . or the right of the people peaceably to assemble, and to petition

the Government for a redress of grievances.” Amnesty Int’l, USA v. Battle, 559 F.3d 1170, 1186

(11th Cir. 2009)(citing U.S. Const. Amend. I). “The First Amendment right to petition the

government for a redress of grievances includes a right of access to the courts.” Bank of Jackson

County v. Cherry, 980 F.2d 1362, 1370 (11th Cir. 1993)(citations omitted). However, “[t]he right

of access to the courts ‘is neither absolute nor unconditional.’” Miller v. Donald, 541 F.3d 1091,

1096 (11th Cir. 2008)(citing Cofield v. Ala. Pub. Serv. Comm’n, 936 F.2d 512, 516 (11th Cir. 1991)).

“Conditions and restrictions on each person’s access are necessary to preserve the judicial resource

for all other persons. Frivolous and vexatious law suits threaten the availability of a well-functioning

judiciary to all litigants.” Id.

Plaintiffs claim that their First Amendment rights were violated because there was an

“obstruction of redress of Governmental grievances” (Dkt. 1, p. 7). Plaintiffs do not allege facts to

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support this statement. The Complaint contains incoherent and rambling claims of alleged

wrongdoing. The Court could assume that Plaintiffs are referring to the restrictions placed on their

abilities to file pleadings. However, as shown in the Background section of this Order, Plaintiffs

have access to the courts and can file their complaints and motions. Indeed, they have filed

repetitious pleadings, motions, and notices. Although they have been previously told by the Eleventh

Circuit that they must proceed in state court prior to bringing suit in federal court for several of their

claims, Plaintiffs refuse to do so and continue to re-file their complaints with additional Defendants

and claims all surrounding the same property dispute. Because insufficient facts are alleged to

support this claim, the Court finds that Plaintiffs failed to state a claim upon which relief can be

granted and dismisses their First Amendment claim.

b. Fourth Amendment Claim

“The Fourth Amendment applies to searches and seizures in the civil context and may serve

to resolve the legality of . . . governmental actions without reference to other constitutional

provisions.” U.S. v. James Daniel Good Real Property, 510 U.S. 43, 51, 114 S.Ct. 492, 126

L.Ed.2d.490 (1993). However, when the challenged governmental action goes beyond the traditional

meaning of search and seizure, which is in the criminal context, the Due Process Clauses of the Fifth

and Fourteenth Amendments are controlling. See id. at 52 (When “the Government seized property

not to preserve evidence of wrongdoing, but to assert ownership and control over the property itself

. . . . [o]ur cases establish that government action of this consequence must comply with the Due

Process Clauses of the Fifth and Fourteenth Amendments.”).

“[T]he seizure of real property . . . violates fifth amendment due process if the property owner

is not afforded notice and a hearing prior to the seizure.” United States v. 2751 Peyton Wood Trail,

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S.W., 66 F.3d 1164, 1166 (11th Cir. 1995)(citing James Daniel Good Real Property, 510 U.S. at 53).

“Unless exigent circumstances are present, the Due Process Clause requires the Government to

afford notice and a meaningful opportunity to be heard before seizing real property . . . .” Id.11

Here, Plaintiffs claim that the seizure of Lot 15A violated the Fourth Amendment (Dkt. 1,

p. 7; ¶ 163). However, the Fifth Amendment controls, as opposed to the Fourth Amendment,

because the seizure was not within the traditional meaning of a “seizure” under the Fourth

Amendment. James Daniel Good Real Property, 510 U.S. at 52. Therefore, the Court finds that

Plaintiffs failed to state a claim upon which relief can be granted and dismisses their Fourth

Amendment claim.

c. Fifth Amendment Claim

“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.” Busse,

317 Fed. Appx. at 971 (citing U.S. Const. Amend. V; Palazzolo v. Rhode Island, 533 U.S. 606, 617,

121 S.Ct. 2448, 2457, 150 L.Ed.2d 592 (2001)). A plaintiff may 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.” Id.

at 971-72 (citing Eide v. Sarasota County, 908 F.2d 716, 720 (11th Cir. 1990)). A plaintiff must

demonstrate to the court that he has pursued the available state procedures to obtain just

compensation for the property he alleges was taken for public use before filing suit in federal court.

Id. at 972.

11
The Court notes that the cited case involves a seizure of real property in a civil
forfeiture action.
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Plaintiffs’ claims are not ripe for review because they have not shown that they attempted

to obtain or secure relief under established Florida state procedures. The proceeding before the

Special Magistrate of the Value Adjustment Board is wholly unrelated to Plaintiffs’ dispute in this

case because it only addressed the denial of the agricultural classification of the property in 2006.

Because they have not alleged or demonstrated that they have sought compensation for Lot 15A and

were denied such compensation through available state procedures, the Court finds that Plaintiffs

failed to state a claim upon which relief can be granted and dismisses their Fifth Amendment

Takings claim.

In conclusion, Plaintiffs failed to state any claims under 42 U.S.C. § 1983. The Court will

now address the remaining federal claims in Plaintiffs’ Complaint.

2. 42 U.S.C. § 1985 Claim

“42 U.S.C. § 1985(3) provides a cause of action where two or more people conspire ‘for the

purpose of depriving, either directly or indirectly, any person or class of persons of the equal

protection of the laws, or of equal privileges and immunities under the laws . . . .’” Montford v.

Moreno, No. 04-12909, 2005 WL 1369563, at *7 (11th Cir. June 9, 2005)(quoting 42 U.S.C. §

1985(3)). To state such a claim, the plaintiff must allege: “‘(1) a conspiracy, (2) for the purpose of

depriving, either directly or indirectly, any person or class of persons of the equal protection of the

laws, or of equal privileges and immunities under the laws, (3) an act in furtherance of the

conspiracy, (4) whereby a person is either injured in his person or property or deprived of any right

or privilege of a citizen of the United States.’” Id. (quoting Trawinski v. United Techs., 313 F.3d

1295, 1299 (11th Cir. 2002)). The plaintiff must also allege “invidious discriminatory intent” on the

part of each defendant. Id. (citation omitted). “‘[C]onclusory, vague, and general allegations of

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conspiracy may justify dismissal of a complaint.’” Id. (quoting Kearson v. S. Bell. Tel. & Tel. Co.,

763 F.3d 405, 407 (11th Cir. 1985)).

In this case, Plaintiffs allege that all Defendants conspired to deprive them of their alleged

property rights in Lot 15A. Plaintiffs repeatedly state that various judicial officers accepted bribes

to deprive them of this alleged property interest. However, these statements are merely conclusory,

and Plaintiffs provide no factual basis to support a conspiracy among Defendants. Additionally,

Plaintiffs have not alleged the elements of a claim brought under § 1985(3). As such, the Court finds

that Plaintiffs failed to state a claim upon which relief can be granted and dismisses their claim under

42 U.S.C. § 1985.

3. Seventh Amendment Right to a Jury Trial Claim

Federal Rule of Civil Procedure 38(a) states that “[t]he right to a jury trial as declared by the

Seventh Amendment to the Constitution . . . shall be preserved to the parties inviolate.” Here,

Plaintiffs allege that they have been denied the right to a jury trial. Plaintiffs, again, have not alleged

facts to support this claim. The Background section of this Order demonstrates that Plaintiffs have

been repeatedly dismissed from federal court not on the merits of their claims but on repeated

procedural deficiencies. They have not exhausted the necessary state procedures to address their

dispute prior to filing in federal court. Therefore, the Court finds that Plaintiffs failed to state a claim

upon which relief can be granted and dismisses their Seventh Amendment claim.

4. Fourteenth Amendment Procedural Due Process Claim

“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”

Busse, 317 Fed. Appx. at 972 (citing Villas of Lake Jackson, Ltd. v. Leon County, 121 F.3d 610,

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6115 (11th Cir. 1997); Zipper v. City of Fort Myers, 41 F.3d 619, 623 (11th Cir. 1995)). The

plaintiff must allege that state law failed to provide him with an adequate post-deprivation remedy.

Busse, 317 Fed. Appx. at 972 (citing Tinney v. Shores, 77 F.3d 378, 382 (11th Cir. 1996)).

Here, Plaintiffs make no argument that Florida failed to provide them with an adequate post-

deprivation remedy. “Since alleged problems with the adoption of [the Resolution] cannot serve as

the basis for a procedural due process claim,” Plaintiffs cannot rely on them to support such a claim.

Id. Accordingly, the Court finds that Plaintiffs failed to state a claim upon which relief can be

granted and dismisses their Procedural Due Process claim.

5. Fourteenth Amendment Equal Protection Claim

“The Fourteenth Amendment forbids states from ‘deny[ing] to any person within its

jurisdiction the equal protection of the laws.’” Busse, 317 Fed. Appx. at 973 (quoting 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.’” Id. (quoting Thigpen

v. Bibb County, 223 F.3d 1231, 1237 (11th Cir. 2000), abrogated on other grounds by Nat’l R.R.

Passenger Corp. v. Morgan, 536 U.S. 101, 122 S.Ct. 2061, 153 L.Ed.2d 102 (2002)).

In this case, Plaintiffs claim that they were denied equal protection of the laws by Defendants

in relation to Lot 15A. As a general matter, Florida counties may exercise eminent domain over

property not owned by the state or federal government. Fla. Stat. § 127.01(1)(a); id. “Since a state

landowner would not be subject to eminent domain power but [Plaintiffs], as . . . [alleged] private

landowner[s], would be,” Plaintiffs cannot be similarly situated to a state landowner. Busse, 317

Fed. Appx. at 973. Plaintiffs, “therefore cannot rely on [their] disparate eminent domain treatment

vis-a-vis state landowners as the basis for an equal protection claim.” Id. Consequently, the Court

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finds that Plaintiffs failed to state a claim upon which relief can be granted and dismisses their Equal

Protection claim.

6. Fourteenth Amendment Substantive Due Process Claim

“Substantive due process protects only those rights that are ‘fundamental,’ a description that

applies only to those rights created by the United States Constitution.” Id. (citing Greenbriar

Village, L.L.C. v. Mountain Brook, City, 345 F.3d 1258, 1262 (11th Cir. 2003)). “Property rights

would not be fundamental rights since they are based on state law.” Id.

Here, Plaintiffs claim that they have been denied their alleged property rights in Lot 15A.

These property rights are defined by state law. Therefore, the Court finds that Plaintiffs failed to

state a claim upon which relief can be granted and dismisses their Substantive Due Process Claim.

7. 18 U.S.C. §§ 241, 242 - Conspiracy Against Rights Claim

“If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any

State . . . in the free exercise of enjoyment of any right or privilege secured to him by the

Constitution or laws of the United States, or because of his having so exercised the same . . . [t]hey

shall be fined under this title and imprisoned not more than ten years, or both . . . .” 18 U.S.C. § 241.

Furthermore, “[w]hoever, under color of any law, statute, ordinance, regulation, or custom, willfully

subjects any person in any State . . . to the deprivation of any rights, privileges, or immunities

secured or protected by the Constitution or laws of the United States . . . shall be fined under this title

or imprisoned for not more than one year, or both . . . .” 18 U.S.C. § 242.

Plaintiffs cannot bring an action under these statutes because they are only brought in

criminal proceedings. U.S. v. City of Philadelphia, 644 F.2d 187, 192-93 (3d Cir. 1980)(noting that

the United States initiates criminal prosecutions under these statutes, and there are other adequate

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remedies to seek alleged violations of Constitutional rights, such as 42 U.S.C. §§ 1981, 1982, 1983,

1985). Because there are civil statutes to address Plaintiffs’ alleged Constitutional violations, the

Court finds that Plaintiffs failed to state a claim upon which relief can be granted and dismisses their

claims under 42 U.S.C. §§241, 242.

B. Supplemental Jurisdiction

“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). Once a district court dismisses all claims over which it had original jurisdiction, it may

decline to exercise supplemental jurisdiction over the remaining state claims. 28 U.S.C. §

1367(c)(3). This Court, therefore, declines to exercise supplemental jurisdiction over Plaintiffs’

remaining state claims.

III. CONCLUSION

In conclusion, the Court finds that Plaintiffs have failed to state a claim in their Complaint

upon which relief can be granted in federal court. Accordingly, the federal claims in the Complaint

are dismissed.12 With its discretionary authority, the Court declines to exercise supplemental

jurisdiction over Plaintiffs’ state claims.

Accordingly, it is hereby ORDERED and ADJUDGED as follows:

1. The Motion to Dismiss and Motion for Injunctive Relief of Defendants Albritton,

12
The Court notes that Defendants Albritton, Flynn, Stegeby, and Rhodes alleged that
they are entitled to immunity (Dkts. 69, 119). Additionally, Defendants Hayes and Pivacek also
argue that they are entitled to qualified and judicial immunity (Dkt. 148). Because the Court
finds that Plaintiffs failed to state claims upon which relief can be granted, it does not address the
arguments of immunity in this Order. The Complaint does not allege sufficient facts for the
Court to determine the issue of immunity.
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Flynn, Stegeby, and Rhodes (Dkt. 69) is GRANTED in part. The Court dismisses

this action without prejudice. Additionally, the Court will reserve ruling on the

Motion for Injunctive Relief until after the Show Cause Hearing scheduled in this

case for June 22, 2010.

2. The Motion for Injunctive Relief of Defendants Albritton, U.S. Attorney for the

Middle District of Florida, Rhodes, Flynn, Stegeby, and Assistant U.S. Attorneys for

the Middle District of Florida (Dkt. 97) is DENIED as moot.

3. The Motion to Dismiss and Motion for Injunctive Relief of Defendants Wilkinson,

Alejo, Desjarlais, Peterson, Lee County, Florida, Hawes, Green, Janes, Bigelow,

Judah, Hall, and Mann (Dkt. 115) is GRANTED in part. The Court dismisses this

action without prejudice. Additionally, the Court will reserve ruling on the Motion

for Injunctive Relief until after the Show Cause Hearing scheduled in this case for

June 22, 2010.

4. The Motion to Dismiss of Defendants Hayes and Pivacek (Dkt. 148) is GRANTED

in part. The Court dismisses this action without prejudice.

5. The Motion to Dismiss of Defendant Scott (Dkt. 158) is GRANTED in part. The

Court dismisses this action without prejudice.

6. The Motion to Dismiss of Defendant Johnson Engineering (Dkt. 179) is GRANTED.

7. Of Plaintiffs’ pending motions, fifteen (15) are labeled “Emergency Motion” (Dkt.

5, 118, 143, 152, 160, 161, 162, 163, 164, 165, 184, 191, 192, 194 and 209). None

of these motions present an emergency. They are repetitious, rambling,

incomprehensible and frivolous. In its March 31, 2010 (Dkt. 126) Order To Show

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Cause, the Court cautioned Plaintiffs about the unwarranted designation of a motion

as an emergency motion. The Court retains jurisdiction to impose sanctions.

8. Plaintiffs’ pending Motions (Dkt. 5, 118, 119, 121, 123, 124, 134, 135,143, 146, 152,

160, 161, 162, 163, 164, 165, 166, 182, 183, 184, 191, 192, 194, 195, 196, and 209)

are DENIED as moot.

9. Plaintiffs’ Complaint (Dkt. 1) is DISMISSED without prejudice.

10. The Clerk is directed to terminate all pending motions, except the Motion for Pre-

filing Injunction and Sanctions (Dkt. 149), enter judgment accordingly and CLOSE

this case.

11. The Court retains jurisdiction to impose sanctions.

DONE AND ORDERED at Ft. Myers, Florida, on June 23, 2010.

COPIES TO:
COUNSEL OF RECORD AND UNREPRESENTED PARTIES

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