emergency motion to enjoin def. honeywell's fabrications and threats

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  • 8/9/2019 Emergency Motion to Enjoin Def. Honeywell's Fabrications and Threats

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    UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

    FORT MYERS DIVISION

    JENNIFER FRANKLIN PRESCOTT, DR. JORG BUSSE, Plaintiffs,

    versus Case # 2:10-cv-00390-JES-AEP

    CHARLENE EDWARDS HONEYWELL; SHERI POLSTER CHAPPELL;JOHN EDWIN STEELE; JENNIFER WAUGH CORINIS; A. BRIAN ALBRITTON,

    Defendants.

    INDEPENDENT ACTION

    FOR RELIEF FROM GOVERNMENT CRIMES, CORRUPTION,AND FACIALLY FRAUDULENT WRIT OF EXECUTION

    ____________________________________________________________________________/

    EMERGENCY MOTION TO ENJOIN DEF. CORRUPT JUDGE HONEYWELLS

    FABRICATIONS OF A WRIT OF EXECUTION & LIEN, DOC. # 425, 2:07-cv-00228,

    RECORD THREATS, EXTORTION, CRIMES, e.g., DOC. # 48, 49; 2:10-CV-00089

    PUBLISHED RECORD CONCLUSIVE PUBLIC CORRUPTION & PERJURY PROOF

    NOTICE OF FAKE lien and FAKE 07/29/2009 judgment, CH. 55, FLA. STAT.,

    AND FACIALLY FORGED judgment, DOC. # 386-5

    EMERGENCY OF DEF. HONEYWELLS FABRICATIONS OF AWRIT & LIEN

    1. In exchange for Defendants bribes, Defendant Crooked Judge C. E. Honeywell fabricated a

    writ of execution and lien, Doc. # 48, 2:2010-cv-00089:

    In the motion, Plaintiffs appear to seek a release of the writ of execution and attachmentof a lien to property issued in Busse v. Lee County, Florida, et al., Case No. 2:07-CV-

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    228-FtM-29SPC. That case was before Judge John Steele and Magistrate Judge SheriChappell. See Doc. # 48, p. 1, 2:10-cv-00089.

    Here fraudulently, Def. Honeywell concealed and conspired with other Defendants and

    Officials to conceal that the falsely pretended writ of execution and lien had never

    existedas conclusively evidenced by, e.g., Doc. ## 425, 424; Case No. 2:2007-cv-00228.

    CHARLENE E. HONEYWELL WAS A CONFLICTED NAMED PARTY DEFENDANT

    2. The Plaintiff public corruption victims had sued Defendant judicial whore C. E. Honeywell

    in her private individual capacity for unlawful and criminal acts outside any judicial

    immunity and capacity.

    DEF. HONEYWELL HAD NOAUTHORITYTO CONCOCT WRIT OF EXECUTION

    3. Defendant Honeywell had no authority to concoct a writ of execution and lien in the

    record absence of any judgment, and in particular, the absence of any 07/29/2009

    judgment. See Docket on file, 2:2007-cv-00228; see Doc. ## 425, 424, 288, 365, 386, 432.

    FOR DEFENDANTS BRIBES, DEF. HONEYWELL PERVERTED THE LAW

    4. Here in wanton disregard of the law, Florida Statutes, Ch. 55, Fla. Stat., and Florida

    Constitution, Defendant Honeywell continued her reckless record fabrications of a writ and

    coerced the Plaintiffs to refrain from prosecution for unlawful and criminal purposes of

    extorting property and fees:

    Because Case No. 2:07-CV-228 was assigned to Judge Steele, this Court does nothave the authority to grant relief from the writ of execution. Furthermore, thisidentical request has been previously denied in a related matter, Case No. 2:09-CV-791, Dkt. 64, 68. See Doc. # 48, p. 2, 2:10-cv-00089.

    Here, the Plaintiffs had demanded relief from Honeywells record crimes and unlawful acts

    such as, e.g., said fabrications of a writ and lien, deliberate deprivations, fraud, fraud on

    the Court by judicial officer and whore C. E. Honeywell. Again the Plaintiffs demand

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    relief in this independent action. Here under Ch. 55, and 55.10, Floirda Statutes, nothing

    had existed on any record to become a lien on any property.

    DEF. HONEYWELL DELIBERATELY DEPRIVED THE PLAINTIFFS

    5. On the record, Defendant Honeywell conclusively proved her overwhelming lack of care for

    the fundamental rights and well being of the Plaintiffs and other record landowners.

    DEF. HONEYWELL REFUSED TO REVIEW MAGISTRATES FRAUD DE NOVO

    6. Here, Def. Honeywell concealed that the district judge reviews legal conclusions de novo,

    even in the absence of an objection. See Cooper-Houston v. Southern Ry., 37 F.3d 603, 604

    (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993),

    aff'd, 28 F.3d 116 (11th Cir. 1994).

    7. In particular, Defendant Honeywell knew that Defendant Wilkinson had never even fileda

    Rule 38 motion and that Appeal No. 08-13170-BB had been CLOSED on 06/11/2009. See

    Doc. # 365, and Docket, Case No. 2:2007-cv-00228.

    8. Defendant Crooked Judge Charlene E. Honeywell fraudulently concealed and agreed to

    conceal that Defendant JACK N. PETERSON had perjured himself, Doc. # 432-2, Case No.

    2:2007-cv-00228:

    KENNETH M. WILKINSON, as Property Appraiser of Lee County, Florida, is theholder of a judgment issued by the United States of Appeals in and for the EleventhCircuit on July 29, 2009 in Docket 08-13170-BB against Appellant JORG BUSSE inthe amount of $5,048.60.

    Here, said Defendant Crooked Government Officials Honeywell, Wilkinson, and

    Peterson conspired with other Defendants, Judges, and Officials to fraudulently conceal

    the non-existent July 29, 2009 judgment and the non-existent lien. See Ch. 55,

    Florida Statutes.

    CONSPIRACY TO CONCEAL CLOSURE OF CASE # 08-13170-BB ON 06/11/2009

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    9. Here, said Defendants conspired with other Defendants to fraudulently conceal that CASE

    NO. 2008-13170-BB had been CLOSED on June 11, 2009. See Appellate Docket on file.

    11th

    Circuit Record and Exhibits had been RETURNED to this Court on 06/11/2009.

    RECORD JUN 11 2009 BILL OF COSTS IN THE AMOUNT OF $24.30

    10. The facially fraudulent judgment issued as mandate June 11 2009 and received by the U.S.

    District Court 2009 JUN 15 AM 11:20, Doc. # 365, was in the amount of$24.30, Doc. #

    386, 386-3, 365; BILL OF COSTS issued on JUN 11 2009; 11th CIRCUIT FORM MISC-

    12 (12/07).

    11. Here, Defendant Wilkinson had neverclaimedmore than $24.30, and therefore under the

    Rules, was never entitled to more than $24.30. See attached Fed. R. App. P. Here as a

    matter of record, Defendant Wilkinson and/or his Attorney had sworn and/or affirmed

    that the costs claimed were $24.30. See Doc. # 386-3; Case No. 2:2007-cv-00228.

    $24.30 WAS FINAL AMOUNT [FRAUDULENTLY ALLOWED]

    12. The Eleventh Circuit has held that the action becomes final on the date the district court

    receives the appellate court's mandate. See U.S. v. Lasteed, 832 F.2d 1240-43 (11th Cir.

    1987).

    HONEYWELL CONCEALED DEFENDANTS CONCOCTION OF FAKE $5,048.60

    13. Here, Defendant Crooked Honeywell concealed and agreed to conceal that Defendants

    Peterson and Wilkinson had concocted an amount of $5,048.60. Plaintiff Government

    corruption and crime victims sued Defendants KENNETH M. WILKINSON, JACK N.

    PETERSON, and CHARLENE E. HONEYWELL in theirprivate individual capacities.

    RECORD EXTORTION, PUBLIC CORRUPTION, CONSPIRACY TO DEFRAUD

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    14. Under color of non-existent authority, Lee County, Florida, Defendants and Officials

    fabricated and conspired to fabricate fake land parcels 12-44-20-01-00000.00A0 and

    07-44-21-01-00001.0000. See Lee County Plat Book 3, Page 25 (1912).

    CONSPIRACY TO COVER UP & CONCEAL RECORD GOVERNMENT CRIMES

    15. In these State and Federal Cases since 2006, Defendant U.S. Judges idiotically conspired

    with other Officials to conceal the prima facie record forgeries of said non-existent land

    parcels. See, e.g., record Transcript of corrupted proceedings before Defendant judicial

    whore Sheri Polster Chappell in November 2007 on file; Case No. 2:2007-cv-00228.

    DEF. CROOK HONEYWELL CONSPIRED TO CONCEAL 2006 STATE ACTION

    16. Even though the State Court Judge himself was a Co-Defendant in this U.S. Court,

    Defendant Corrupt Judges John E. Steele and Sheri Polster Chappell fraudulently concealed

    Plaintiffs State Court action after said judicial Defendants themselves had removed

    Plaintiffs legal action from State to Federal Court. See Case No. 2:2008-cv-00899 (BUSSE

    v. STATE OF FLORIDA, Lee County Circuit Court; Def. Judge: Gerald, Lynn, Jr.).

    FACIALLY FRAUDULENT 03/05/09 judgment and 06/11/09 mandate

    17. In its facially fraudulent judgment issued as mandate June 11 2009, said 11th Circuit

    fraudulently pretended and fabricated on the record, Doc. ## 365; 386:

    III. Since Busses takings claim was not ripe because he had notpursued available stateremedies and he failed to adequately plead his other federal claims Id.

    Here as a matter of fact and record, Busse and Prescott had pursued available state

    remedies in Lee County Circuit Court [removed to this Court: 2:2008-cv-00899],

    adequately pleadedall their prima facie ripe federal claims, and demanded relief from said

    facially fraudulent and corrupt Government determinations.

    EMERGENCY OF DEFENDANTS CONCEALMENT OF REMOVED STATE ACTION

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    18. Here, Judges concealed and conspired to conceal Busses pursuit in State Courtand

    Defendant Crooked Judge Steeles and Chappells removal from State to Federal Court. See

    2006-CA-003185; Def. Judge Gerald, Lynn, Jr.; 2:2008-cv-00899 [removed].

    EMERGENCY OF RECORD BRIBERY AND CASE FIXING

    19. Here insanely, and in exchange for Defendants bribes, Defendant Judicial Crooks Steele and

    Chappell fraudulently and criminally pretended that Plaintiffs rights to own their real

    property and exclude Government from their riparian Gulf-front street and up lands,

    S.T.R.A.P # 12-44-20-01-00015.015A, PB 3 PG 25 (1912), were purportedly not

    fundamental rights. See brazen bribery and public corruption on the record!

    DEFENDANTS CONSPIRED TO FABRICATE RIPENESS REQUIREMENTS

    20. Furthermore here, Defendant judicial whore Honeywell knew and concealed that in

    exchange for bribes, Defendants Steele and Chappell had conspired with other Defendants to

    fabricate ripeness requirements under color of fake resolution 569/875. See Doc. # 338;

    Fixed Case No. 2:2007-cv-00228. See Doc. ## 213; 236; Fixed Case No. 2:2009-cv-00791.

    PLAINTIFF CORRUPTION VICTIMS SUED UNREPRESENTED DEF. HONEYWELL

    21. Here, the Plaintiff unimpeachable record landowners and public corruption victims sued

    Defendant judicial whore C. E. Honeywell in herprivate individual capacity, because her

    purported orders were outside any immunity and scope ofofficialacts. See Docket 2:2010-

    cv-00390.

    22. Here, Defendant Crooked Judge Honeywell had admitted to having been served and

    disqualified herself. See Doc. # 3; 06/22/2010; Case No. 2:2010-cv-00390.

    23. Idiotically, the Court then reassigned the Case to Co-Defendant Crooked Judge John Edwin

    Steele. See Doc. # 4, 06/22/2010.

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    24. Here, no notice of appearance was filed on behalf of said Defendant Corrupt Judge

    Honeywell. See Docket, Case No. 2:2010-cv-00390; 07/14/2009, 19:43:47.

    GOVERNMENT OFFICIALS AGREED TO CONCEAL FORGED LAND PARCELS

    25. Judges, Defendants, and Officials knew and fraudulently concealed that said facially forged

    parcels had neverexistednor been legally described, conveyed, andplatted. See 1912 Plat

    of Survey of private undedicated Cayo Costa Subdivision, Lee County PB 3 PG 25.

    FRAUDULENT PRETENSES OF 07/292009 judgment

    26. Defendant crooked Officials Kenneth M. Wilkinson and Jack N. Peterson fraudulently

    pretended:

    11. A certified copy of the [07/29/09] judgment has been recorded in the PublicRecords of Lee County, Florida at Instrument No. 2009000309384 and serves as alien against the property. See Doc. # 386, p. 3, Case No. 2:2007-cv-00228.

    Here, the non-existentjudgmentdid notserveasany lien. See Ch. 55, Fla. Stat.

    27. Here, the Clerk of this U.S. District Court and custodian of said Courts records could not

    authenticate the fraudulently pretended 07/29/2009 judgment, because said Clerk never

    received any 07/29/2009 judgment. Here, the Docket, Case No. 2:2007-cv-00228, was

    devoid of any 07/29/09 judgment. See authenticated Docket on file.

    28. Here, Def. U.S. Judges, Government Officials, and the other Defendants knew and agreed to

    conceal that this Court had no power whatsoever to enforce a non-existentjudgment.

    DEF. WILKINSON FORGED judgment, DOC. # 386-5, Page 2 of 2

    29. Defendant Crooked Official Kenneth M. Wilkinson had forged, e.g., land parcels, and

    maps. Here, Defendant Wilkinson perpetrated fraud on the Court and facially forged a

    judgment. See Doc. # 386-5, Page 2 of 2. The smaller font size of the page number 2 did

    not match font size 14 of the text. The facially forged judgment was not, and could not

    possibly have been, a true copy. See Exhibit below. The facially forged and pasted

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    Here, Def. Wilkinsons pleading(s) and brief had been without legal meritand could not be

    supported by a reasonable argument for an extension, modification, or reversal of existing

    law, or the establishment of new law. In addition, Def. Wilkinsons pleadings contained

    assertions of material facts that were patently clearly false and unsupported by the record,

    O.R. 569/875 In particular, prima facie sham claim O.R. 569/875 was not any

    regulation, legislative act, resolution, or law and as a matter of law, could not have

    possibly divestedthe Plaintiffs of their property against Plaintiffs expressly stated will. Here,

    the Plaintiffs had defended their unimpeachable record title against any condemnation and

    refused to exchange their perfected title just because corrupt Government Officials, e.g.,

    threatened, harassed, defrauded, and deliberately deprived the Plaintiffs of their

    fundamental rights to own property, exclude Government(s), redress their grievances of no

    due process and no equal protection, and have ajury trial.

    35. Here, no accounting whatsoever, and none was ever provided as required, could have

    possiblyexplained and/orjustifiedthe fraudulent amount of $5,048.60 under the Rules.

    Here, presentingor opposing Plaintiff(s) conclusive record evidence of Def. Wilkinsons

    fraud, extortion, corruption on the record did not, and could not, possibly have incurred

    5,048.60 according to the Rule.

    WILKINSON FRAUDULENTLY MISREPRESENTED REGULATORY TAKING

    IN THE PRIMA FACIE RECORD ABSENCE OF ANYREGULATION:

    HOW FRIVOLOUS WAS THAT?

    36. Therefore here, Defendant Wilkinsons assertion of a regulatory taking was on its face

    frivolous, deceptive, and fraudulent. Furthermore, Defendant Wilkinson presented his

    pleadings and brief for the improper and illegal purposes of, e.g., extorting fees and property

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    from the Plaintiff public corruption victims, coercing the Plaintiffs to refrain from further

    prosecution, fraudulently concealing forged land parcels 12-44-20-01-00000.00A0

    and 07-44-21-01-00001.0000, extending and conspiring to extend extortion and fraud

    scheme O.R. 569/875, obstructing justice and just speedy adjudication of Plaintiffs

    claims for relief, harassing the Plaintiffs, and causing unnecessary delay and needless

    increase in the cost of litigation since 2006 in State and Federal Courts over one single piece

    of trash paper: facially null and void O.R. 569/875.

    37. Therefore here admittedly, Defendant Wilkinson had neverfiledany Rule 38 motion, never

    allegeda frivolous appeal, and neverdemanded any Rule 38 relief.

    UPDATED CRIMINAL COMPLAINT

    38. Plaintiff public corruption victims filed another updated Criminal Complaint in this matter

    with State and Federal law enforcement.

    WHEREFORE, Plaintiffs demand

    1. An EMERGENCY Order enjoining Defendant Crooked Judge Honeywells record

    EXTORTION and CORRUPTION under color ofauthority and prima facie scam O.R.

    569/875, said fake lien, fake 07/29/09 judgment, and fake writ of execution, 55.10,

    Ch. 55, 56, Fla. Stat.;

    2. An EMERGENCY Order enjoining said record judicial EXTORTION and

    CORRUPTION under color of non-existent O.R. 569/875, resolution 569/875, and

    fraudulent regulatory taking pretenses, because as a matter of law, no law or

    resolution, whatsoever, could have possibly alienatedPlaintiffs record property against

    their will;

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    3. An EMERGENCY Order enjoining said record EXTORTION and CORRUPTION

    and embarrassingly idiotic Governmental and judicial hoax of a lien and public land

    claim [see, e.g., Doc. ## 213; 214; 212, Case No. 2:09-cv-00791; and Case No. 2:07-cv-

    00228, Doc. ## 288, 282, 425, 386, 365].

    4. An EMERGENCY Orderenjoining Def. objectively partial/crooked Judge Honeywell,

    and Defendants Jack N. Peterson, and Kenneth M. Wilkinson from perverting the record &

    concealing Plaintiffs record ownership of Lot 15A, PB 3, PG 25 (1912);

    5. An EMERGENCY orderrelieving the Plaintiffs from the fraudulent judgment, orders,

    and proceedings of record such as, e.g., Doc. ## 48, 49; and Doc. ## 210, 212, 213, 214,

    Case No. 2:09-cv-00791 at the dirty hands of Def. judicial whore Honeywell for said well-

    proven reasons;

    6. An EMERGENCY orderrelieving the Plaintiffs from the fraudulent concealment of their

    State action, 2006-CA-003185, Lee County Circuit Court, BUSSE v. STATE OF FLORIDA;

    7. An Ordercompelling Defendant crooked Judge Honeywell to SHOW CAUSE why she

    did not fabricate a lien and did not fraudulently conceal Plaintiffs record ownership of said

    Lot 15A, Parcel # 12-44-20-01-00015.015A as evidenced in Plaintiffs Complaint and

    pleadings;

    8. An Ordercompelling Defendant crooked Judge Honeywell to SHOW CAUSE why she

    did not fraudulently conceal Plaintiffs unimpeachable record ownership of said Lot 15A,

    Parcel # 12-44-20-01-00015.015A as affirmed by the public record;

    9. An Ordercompelling Defendant crooked Judge Honeywell to SHOW CAUSE why she

    did not maliciously pervert the dispositive affirmation of Plaintiffs record ownership by the

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    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);

    10. An Ordercompelling Defendant crooked Judge Honeywell to SHOW CAUSE why she

    did not capriciously conceal Plaintiffs unimpeachable record ownership of said Lot 15A,

    Parcel # 12-44-20-01-00015.015A, which the Defendants Lee County had asserted before the

    11th Circuit U.S. Appellate Court, Appeal # 08-13170, BUSSE v. LEE COUNTY;

    11. An Ordercompelling Defendant Honeywell to SHOW CAUSE why her rulings were

    not NULL AND VOID and procured through the criminal scheme of false frivolity and

    vexatiousness pretenses and the concealment of said fake legal descriptions, fake land

    parcels, and fake Government ownership claims and contentions;

    12. An EMERGENCY Order recusing Defendant crooked 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 impartial and fair, 28 U.S.C. 455; 28

    U.S.C. 144.

    /S/JENNIFER FRANKLIN PRESCOTT

    Governmental Corruption & Fraud Victim, Plaintiff,pro seP.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 seState Cert. Res. Appraiser, Licensed Real Estate Broker, Mortgage Broker, Appraisal Instructor;[email protected]

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    Def. Crooked Honeywells 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

    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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