Emergency Motion to Remove Judicial Officer M. L. Fesak for Fraud

8/9/2019 Emergency Motion to Remove Judicial Officer M. L. Fesak for Fraud

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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 CONCEALMENT BY

DEFENDANT MATTHEW L. FESAK, N. C. BAR NO. 35276, DOC. # 29,

AND REMOVE SAID UNFIT AND DISHONEST JUDICIAL OFFICER

BECAUSE OF FURTHER FRAUD ON THE COURT

DEFENDANT M. L. FESAKS DECEPTION & TRICKERY ON THE RECORD

1. EXPRESSLY, the Plaintiffs sued Defendant corrupt U.S. Officials in their private individual

capacities, because, e.g., fraud, corruption, fraud on the Courts, bribery, and extortion were

outside the scope of their official capacities. Therefore, the sued Defendants could not

possibly have, and of course had no immunity. However here, Defendant Attorney Matthew

L. Fesak deceived the Court by fraudulently and ignorantly pretending blanket immunity.

See Doc. # 29, p. 5. Furthermore, Defendant Attorney Matthew L. Fesak materially

misrepresented, id., p. 2:


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Plaintiffs first case was not facially improper, but after a full and fair opportunity to

litigate their case, Plaintiffs complaint was dismissed as unripe because Plaintiffs hadnot availed themselves of state remedies.

Here, bungling Defendant Attorney Fesak, North Carolina Bar No. 35276, was unfamiliar

with Florida property law. In particular, Defendant Fesak was unfit and dishonest with regard

to, e.g., Florida Statutes, Chapters 73, 74, EMINENT DOMAIN; Ch. 95, ADVERSE

POSSESSION; Ch. 712, MARKETABLE RECORD TITLE ACT. Here, Fesak conspired with

other Defendants to perpetrate and/or perpetuate the other Defendants deception and trickery

and conceal fake land parcels, fake resolution [O.R. 569/875], and fake

condemnation claims. No state remedy was everidentifiedhere.

IDIOTIC DEFENSES & CLAIMS OF RIPENESS REQUIREMENTS

2. Here, the named party Defendants, Officials, and Defendant Attorney Fesak knew that no

ripeness requirements had ever existed in order for Plaintiffs to plead, e.g., well-proven

record fraud, corruption, extortion, bribery, and deliberate 1st, 14

th, 7

th, and 4

thU.S. Const.

Amendment deprivations. Here, Defendants and their Attorney gave no explanation or

justification in support of their facially idiotic defenses.

CONSPIRACY TO KEEP PLAINTIFFS AWAY FROM U.S. COURTS

3. Therefore here, Fesak conspired with other Defendants to fraudulently pretend state

remedies which Fesak and the other Defendants and Officials knew to be a prima facie

hoax, because the Plaintiffs could of course plead their ripe claims for relief directly in

Federal Court. Fesak and the Defendant Officials knew and fraudulently concealed that the

Plaintiffs had no intentto exchange their unimpeachable record title but rightfully defended

their ownership against fraud, extortion, bribery, and corruption under color of fake paper

O.R. 569/875.


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RECORD EMERGENCIES OF CORRUPTION, BRIBERY, AND FRAUD ON COURTS

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

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

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

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

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

defenses such as, e.g., O.R. 569/875.

PATTERN & POLICY OF FRAUDULENT & CORRUPT ORDERS / JUDGMENTS

5. Here, no intelligentandfitjudge and/or official in the Defendants and Officials shoes could

have possibly determined 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. See Chapters 73, 74, EMINENT DOMAIN, Ch. 95, ADVERSE POSSESSION;

Ch. 712, MARKETABLE RECORD TITLE ACT.

THE U.S. DEFENDANTS FRAUDULENTLY PRETENDED UNRIPE CLAIMS

ADMITTEDLY FRAUDULENT PRETENSES OF UNRIPE CLAIMS

6. Here, the judicial Defendants conceded the record fraud on the Court that

Plaintiffs complaint was dismissed as unripe, because Plaintiffs had not availed

themselves of state remedies. See Doc. # 29, p. 2

Here admittedly, the Defendants knew and fraudulently concealed that fraud, corruption,

extortion, and bribery of course could of course be directly pleaded in Federal Court:

must comply not only with but also with Fed. R. Civ. P. 9(b)s heightenedpleading standard. Id., p. 4.

Here, the Plaintiffs had sued the Defendant crooked Government Officials in STATE Court,

and STATE Court Defendant U.S. Judges John E. Steele and Sheri Polster Chappell


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themselves had removed Plaintiffs ripe legal action from STATE to Federal Court. Here,

Federal jurisdiction had been admittedly patently clear as evidenced by said Judges

removal. Again, the record showed idiotic record Government corruption. See attached

STATE Court docket, Case # 2006-CA-003185, BUSSE v. STATE OF FLORIDA, Lee

Count Circuit Court.

JUDICIAL OFFICERS FRAUD ON THE COURTS UNDER FALSE PRETENSES

7. Here, the Defendants and Officials fraudulently kept the Plaintiffs away from Court for the

criminal purposes of obstructing justice and covering up for the fellow crooked Government

Defendants and Officials, who had, e.g., concocted a fake resolution, fake land parcels

12-44-20-01-00000.00A0 and 07-44-21-01-000001.0000 on the public record.

CORRUPTION WAS OUTSIDE THE SCOPE OF ANY JUDICIALIMMUNITY

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

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

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

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

and vile Nazi Officials, here the judicial Defendants pulled the wool over the peoples eyes:

Judicial immunity provides judges with blanket immunity

Here, said Defendants, Officials, and Attorneys provided the American people with a

blanket of prima facie judicial horseshit for the criminal purposes of concealment and

cover-up.


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

9. It was a hackneyed truism that res judicata does 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.

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

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

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

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

over in these Cases since 2006.

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

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

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

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

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

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

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


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

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

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

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

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

O.R. 569/875.

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

14. 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.

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

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


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

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

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

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

17. 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

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

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

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

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

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

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


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

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

the judicial scope.

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

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

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

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

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

THE PLAINTIFFS WERE ABSOLUTELY ENTITLED TO RELIEF

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

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

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

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

23. 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]

24. 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

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

25. EXTORTION has been defined as


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

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

See Black's Law Dictionary.

"the unlawful exaction of money or property through intimidation."

See Encyclopedia Britannica.

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

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

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

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

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

O.R. 569/875.

WHEREFORE, Plaintiffs again demand

1. An EMERGENCY Orderremoving Judicial Officer and Defendant Attorney Matthew L.

Fesak from these proceedings, because he deceived the Court and conspired with other

Defendants to keep the Plaintiffs away from Court and defraud them under color of scam

O.R. 569/875 and facially forged land parcels;

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

other Officials from perpetuating the perpetration of fraud on the Courts since 2006;

3. An EMERGENCY Order vacating the facially fraudulent orders and judgments in any

and all Cases of record since 2006;


other Officials from perpetrating fraud on the Courts under fraudulent pretenses of

purportedly unripe claims, because the Plaintiffs rightfully pleaded fraud, corruption,


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extortion directly in Federal Court and defended their record ownership against Defendants

facially frivolous and fraudulent claims and defenses;


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;

6. 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;


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

public record;

11. 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;

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

Honeywell from maliciously perverting the dispositive affirmation of Plaintiffs record

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);

27. 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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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 OFTRUSTEES 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.; STEVENCARTA; 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 1 of 23


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Plaintiffs Complaint is over one hundred (100) pages and does not clearly explain or4

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 -

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

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

Emergency Motion to Remove Judicial Officer M. L. Fesak for Fraud

Documents

Transcript of Emergency Motion to Remove Judicial Officer M. L. Fesak for Fraud