Emergency Motion to Enjoin Fraudulent Pretenses of "res judicata", Doc. # 29

8/9/2019 Emergency Motion to Enjoin Fraudulent Pretenses of "res judicata", Doc. # 29

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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDAFORT 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 ENJOIN FRAUDULENT PRETENSES OF

res judicata BY DEF. CORRUPT OFFICIALS, DOC. # 29, 06/30/10

RECORD EMERGENCIES OF CORRUPTION, BRIBERY, AND FRAUD ON COURTS

1. The judicial and Government corruption, fraud, bribery, and extortion on record were

EMERGENCIES, because they violently injured the American people. The Plaintiffs and

American people had fundamental rights to be free of record brazen idiotic Government

oppression in State and Federal Courts since 2006. See, e.g., judicial and Government

concealment of facially fraudulent land, parcel, and condemnation claims and

defenses such as, e.g., O.R. 569/875. Here, no intelligentandfitjudge and/or official in

the Defendants and Officials shoes could have possiblydetermined that Lee County had

any official right to claim land and illegally fabricate fake land parcels 12-44-20-

01-00000.00A0 and 07-44-21-01-00001.0000.


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THE U.S. DEFENDANTS FRAUDULENTLY PRETENDED res judicata

CORRUPTION WAS OUTSIDE THE SCOPE OF ANY JUDICIALIMMUNITY

2. The Rules and public policy prohibited the judicial corruption, fraud on the Courts, bribery,

and extortion on the record, which the Plaintiff whistleblowers had conclusively evidenced in

multiple State and Federal lawsuits since 2006. Said record judicial corruption, bribery,

fraud, and extortion were outside the scope of any judicial immunity.

RECORD FRAUD EVIDENCE AND DIRECT ATTACK ON JUDGMENT(S)/ORDER(S)

3. It was a hackneyed truism that res judicata does notpreclude a litigant from making a direct

attack upon the judgment before the court which renders it. A party may of course introduce

fraud evidence

with the direct and primary objective of modifying, setting aside, canceling,

vacating, or enjoining the enforcement of the judgment.

See C. Wright & A. Miller, Federal Practice and Procedure at 4406. Here, the fake

resolution and land parcels were such prima facie fraud evidence on the public record,

and the Defendant judicial crooks knew and fraudulently concealed that said fake land

parcels had never beenplatted, conveyed, and/orlegally describedin reference to the 1912

Cayo Costa Subdivision Plat in Lee County Plat Book 3, Page 25.

4. Here, the Plaintiffs were of course entitled to directly attack the prima facie fraudulent orders

and judgments, because as a matter of law, involuntary alienation of private property was

never a legislative function. See also separation-of-powers Doctrine. Just like the Katrina

and Gulf oil spill disasters proved, U.S. Government screws up all the time as it did over and

over in these Cases since 2006.


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5. Just like the fake weapons of mass destruction never existed, here U.S. Government

Defendants also employed weapons of mass deception such as, e.g., a fake resolution,

fake land parcels, fake frivolity, and fake vexatiousness. Defendants and Judges

prima facie idiocy on the record was again embarrassing and for the whole world to see.

IDIOTIC & INCOMPREHENSIBLE CLAIM AND/OR DEFENSE O.R. 569/875

6. Plaintiffs lawsuits in State and Federal Courts since 2006 had conclusively proven, e.g.,

fraud, fraud on the Courts, corruption, extortion, and deliberate deprivations under color of,

e.g., sham claim and/or defense O.R. 569/875, which the law did not recognize. Here,

Defendants sham defense and/or claim of a resolution (non-existent O.R. 569/875)

were facially idiotic and incomprehensible. As a matter of law, no lawmaker could have

possibly divestedthe Plaintiffs of their property against Plaintiffs will. Any valid

condemnation and/orinvoluntary alienation would have exclusively been ajudicialfunction.

Here, no judicial proceedings and/orinvoluntary alienation ever took place as conclusively

evidenced by the record. Here, the Plaintiffs defended their record unimpeachable property

ownership and title against fraud, corruption, bribery, and extortion. Here, the Defendants

and Officials knew and fraudulently concealed that there were no ripeness requirements.

Here, the Plaintiffs were of course entitled to plead prima facie fraud, corruption, extortion,

and bribery in Federal Courts.

DEFENDANTS FAILED TODEFEND AGAINST NULL & VOID HOAX O.R. 569/875

7. Here, the Defendant Officials failed to defend against said proof and allegations on the

record. In particular, said Officials and Judges failed to defend against the idiotic pretenses of

involuntary alienation by fraudulently pretended virtue of prima facie scam and hoax

O.R. 569/875.


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PLAINTIFFS SUED CORRUPT U.S. OFFICIALS IN THEIR PRIVATE CAPACITIES

8. Because the record corruption, bribery, fraud, and extortion by the Defendant U.S. Judges

and Officials were outside the scope of any lawfuljudicial and/or governmental activity, the

Plaintiffs expressly sued the Defendant corrupt Judges in theirindividual private capacities.

9. Here, public policy demanded criminal investigation and prosecution of the Defendant

crooked U.S. Judges for their crimes on the public record.

10. Here, U.S. Officials refused to investigate and prosecute the Defendant corrupt Judges and

Officials for the criminal purposes of concealing said record crimes. Here, public policy had

absolutely required equalprosecution. Here, judges were no differentfrom any other citizen.

EMERGENCY OF PRIMA FACIE FRAUDULENT MOTION, DOC. # 29, 06/30/10

11. In Document 29, 06/30/10, the United States of America, by and through its Defendant

undersigned attorneys, and including Defendant crooked Attorney Matthew Fesak,

fraudulently pretended that Plaintiffs proof and allegations of, e.g., corruption, extortion,

bribery, and fraud were barred by absolute immunity, Doc. # 29, p. 1.

DEFENDANTS FRAUDULENT PRETENSES OF OFFICIAL CAPACITY SUIT

12. Here, the Plaintiffs had expressly sued the Defendants and Officials in their private

individual capacities. See Doc. # 1. However falsely and shamelessly, the Defendant crooked

Judges, Officials, and Attorneys pretended:

Insofar as this is an official capacity suit properly brought against the United Statesand not the individual federal officers See Doc. # 29, p. 5, fn 2.

DEFENDANTS FRAUDULENT PRETENSES OF res judicata

13. Here unintelligently, Defendant M. Fesak, on behalf of the crooked Officials, rambled about

res judicata, Doc. # 29, p. 3:


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Plaintiffs utter contempt of this Courts authority, principles ofres judicata, and

the rule of law;

Here, the rule of law prohibited Defendants and Officials fraud, fraud on the Courts,

corruption, and deliberate deprivations under color of sham land and parcel claims.

See Chapters 73, 74, 95, 712, Florida Statutes.

DEFENDANTS ABSURD & IDIOTIC IMMUNITY CLAIMS / DEFENSES

14. Said prima facie false pretenses were absurd as easily illustrated and explained by the fact

that judges were and are of course not immune from, e.g., murder or other crimes outside

the judicial scope.

U.S. FRIVOLITY & VEXATIOUSNESS SCAMS AND COVER-UP

15. Just like, e.g., Nazi Judges in Nazi Germany were not immune from prosecution, the

Defendant Nazi-style Officials in these Government corruption Cases had to defend against

their crimes on the public record. Cover-up was not any option. Idiotically blurting out

frivolity and vexatiousness was not any option under the rule of law.

THE PLAINTIFFS WERE ABSOLUTELY ENTITLED TO RELIEF

16. Here of course, the Plaintiffs were entitled to, e.g., equitable relief. Here, said Defendants

ignorance and arrogance were injurious. Here, the Plaintiffs were entitled to defend against

Government extortion and fraud scheme O.R. 569/875.

DEFENDANTS EXTORTED UNDER COLOR OF FACIALLY FAKE O.R. 569/875

17. Here, said Defendants extorted and conspired to extort property and fees under fraudulent

pretenses and color ofauthority, office, and/or fake resolution O.R. 569/875.

DEFENDANTS IDIOTICALLY CONCOCTED LAW [O.R. 569/875]

18. Defendants prima facie unrecognized concoction and/or defense of legislative

condemnation [O.R. 569/875] was an idiotic crime. Here, no fit and intelligent judge


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could havepossibly concocted such judicial trash, because any and all involuntary alienation

of property would have been exclusively a judicial function. Here, no court judgment/order

had everexisted, and no law was everadoptedby anyone.

NO immunity FROM GOVERNMENT CORRUPTION & EXTORTION

19. EXTORTION has been defined as

"the obtaining of property from another induced by wrongful use of actual or

threatened force, violence, or fear, or under color of official right."

See Black'sLaw Dictionary."the unlawful exaction of money or property through intimidation."

See Encyclopedia Britannica.

20. Here, Defendants and Defendant Government Officials conspired to fraudulently interact,

defraud, deliberately deprive, bribe Officials, and extort property and fees from the Plaintiffs

under color of, e.g., authority, office, and official right. Here, no Government ever had any

official right or authority to claim any lands. Here, Defendant Officials and Judges

fraudulently concealed the prima facie criminality and nullity of said Government scam

O.R. 569/875.

WHEREFORE, Plaintiffs again demand

1. An EMERGENCY Orderenjoining the Defendant Officials, Judges, U.S. Attorneys, and

other Officials on the record from fraudulently pretending res judicata and immunity,

because corruption, bribery, fraud, and extortion under facially false pretenses of scandalous

scam O.R. 569/875 were outside any Government and/or judicial scope of lawfulactivity

and did not preclude Plaintiffs direct attack on the facially fraudulent orders and judgment

by Defendant crooked Officials;


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2. An EMERGENCY Orderenjoining theDefendants and Officials from further concealing

the non-existence of fabricated land parcels 12-44-20-01-00000.00A0 and 07-44-21-

01-00001.0000, which could not be found on said 1912 Plat in Plat Book 3, Page 25;


other Officials on the record from fraudulently pretending res judicata and immunity,

because corruption, bribery, fraud, and extortion under facially false pretenses of scandalous

scam O.R. 569/875 were outside any Government and/or judicial scope of lawful activity;


other Officials on the record from the absurd pretenses of immunity, because of course the

corruption and Government crimes on the record demanded equal prosecution and

investigation of the Defendant Officials and Judges under the Rules and public policy;


other Officials from corruptly concocting frivolity and vexatiousness for criminal

purposes of extending prima facie fraud and extortion scheme O.R. 569/875 and

concealing the criminality and nullity of said scam and scandal;

6. An EMERGENCY Orderfor the removal of prima facie scam O.R. 569/875 from the

public record;

7. An EMERGENCY Order enjoining Defendant corrupt presiding Judge Charlene E.

Honeywell from concealing Plaintiffs unimpeachable record ownership of Lot 15A, Parcel #

12-44-20-01-00015.015A, as affirmed and conclusively proven by the public record;

8. An EMERGENCY Order enjoining Defendant corrupt presiding Judge Charlene E.

Honeywell from maliciously perverting the dispositive affirmation of Plaintiffs record


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ownership by the U.S. Court of Appeals for the 11th

Circuit, Prescott, et al., v. State of

Florida, et al., 343 Fed. Appx. 395, 396-97 (11th Cir. Apr. 21, 2009);

21. An EMERGENCY Order recusing Defendant crooked presiding Judge Honeywell,

because she disrespected the law, disrupted the proceedings in favor of the Defendants,

perverted the facts of record, and could notpossibly be trusted to be impartialand fair, 28

U.S.C. 455; 18 U.S.C. 241, 242 (see Doc. # 213, 2:2009-cv-00791).

__________________________________

/S/JENNIFER FRANKLIN PRESCOTT

Governmental Corruption & Fraud Victim, Plaintiff,pro se

P.O. BOX 845, Palm Beach, FL 33480; T: 561-400-3295

_______________________________________/S/JORG BUSSE, M.D., M.M., M.B.A., C.P.M.

Judicial Corruption & Crime Victim; Plaintiff,pro se

State Cert. Res. Appraiser, Licensed Real Estate Broker, Mortgage Broker, Appraisal Instructor;

[email protected]


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Defendant Crooked OfficialsReal Estate Fraud Scheme

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

00001ever 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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SECTION 4. This Resolution shall take effect immediately upon its

adoption.

The foregoing Resolution was offered by Commissioner____________, who

moved its adoption. The motion was seconded by Commissioner _____________ and,

being put to a vote, the vote was as follows:

ROBERT P. JANES

BRIAN BIGELOW

RAY JUDAH

TAMMARA HALL

FRANK MANN

DULY ADOPTED this 29th day of April, 2009.

BOARD OF COUNTY COMMISSIONERSOF LEE COUNTY, FLORIDA

(SEAL)

By:Chairman

ATTEST:

Clerk

APPROVED AS TO FORM ANDLEGAL SUFFICIENCY

County Attorney


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Case 2:07-cv-00228-JES-SPC Document 276 Filed 12/03/07 Page 14 of 18


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Case 2:07-cv-00228-JES-SPC Document 276-2 Filed 12/03/07 Page 5 of 10


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Case 2:07-cv-00228-JES-SPC Document 276-2 Filed 12/03/07 Page 7 of 10


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

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

JACK N. PETERSONIMAGES OF A FRAUDSTER


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Emergency Motion to Enjoin Fraudulent Pretenses of "res judicata", Doc. # 29

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