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8/20/2010 Electronic Case Filing | U.S.

District Co…
CLOSED, RESTRICTED FILINGS

U.S. District Court


Middle District of Florida (Ft. Myers)
CIVIL DOCKET FOR CASE #: 2:10-cv-00390-JSM-AEP

Prescott et al v. Honeywell et al Date Filed: 06/21/2010


Assigned to: Judge James S. Moody, Jr Date Terminated: 07/27/2010
Referred to: Magistrate Judge Anthony E. Porcelli Jury Demand: Plaintiff
Cause: 42:1983 Civil Rights Act Nature of Suit: 440 Civil Rights: Other
Jurisdiction: U.S. Government Defendant

Plaintiff
Jennifer Franklin Prescott represented by Jennifer Franklin Prescott
P.O. Box 845
Palm Beach, FL 33480
PRO SE

Plaintiff
Dr. Jorg Busse represented by Jorg Busse
P.O. Box 7561
Naples, Fl 34101-7561
239/595-7074
PRO SE

V.
Defendant
Charlene Edwards Honeywell

Defendant
Sheri Polster Chappell

Defendant
John Edwin Steele

Defendant
Jennifer Waugh Corinis

Defendant
A. Brian Albritton

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Date Filed # Docket Text
06/21/2010 1 COMPLAINT against A. Brian Albritton, Sheri Polster Chappell, Jennifer Waugh
Corinis, Charlene Edwards Honeywell, John Edwin Steele with Jury Demand (Filing fee $
350 receipt number F013917) filed by Jennifer Franklin Prescott, Jorg Busse.
(Independent Action for relief from Government fraud, corruption, and writ of execution)
(Attachments: # 1 Exhibit)(SLU) (Entered: 06/22/2010)
06/21/2010 Summons Issued as to A. Brian Albritton, Sheri Polster Chappell, Jennifer Waugh
Corinis, Charlene Edwards Honeywell, John Edwin Steele. (SLU) (Entered: 06/22/2010)
06/22/2010 2 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All
Divisional Judges on 12/7/09. (SLU) (Entered: 06/22/2010)
06/22/2010 3 ORDER directing the Clerk to reassign this case to the next available District Judge. The
undersigned hereby disqualifies herself from these proceedings. All magistrate judge
matters will continue to be addressed by the assigned Magistrate Judge. Signed by Judge
Charlene E. Honeywell on 6/22/2010. (BGS) (Entered: 06/22/2010)
06/22/2010 4 Case Reassigned to Judge John E. Steele. New case number: 2:10-cv-390-FtM-
29DNF. Judge Charlene E. Honeywell no longer assigned to the case. (SLU) (Entered:
06/22/2010)
06/25/2010 5 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate
disclosure statement due by 7/9/2010. Signed by All Divisional Judges on 6/25/2010.
(BJH) (Entered: 06/25/2010)
06/25/2010 6 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track
2. Notice of pendency of other actions due by 7/6/2010. Signed by All Divisional Judges
on 6/25/2010. (BJH) (Entered: 06/25/2010)
06/28/2010 7 ORDER of recusal. This case shall be transferred to the next assigned Magistrate Judge.
Signed by Magistrate Judge Douglas N. Frazier on 6/28/2010. (brh) (Entered:
06/28/2010)
06/28/2010 8 Case Reassigned to Magistrate Judge Sheri Polster Chappell. New case number: 2:10-
cv-390-FtM-29SPC. Magistrate Judge Douglas N. Frazier no longer assigned to the
case. (SLU) (Entered: 06/28/2010)
06/30/2010 9 ORDER. The undersigned hereby disqualifies herself from these proceedings, pursuant to
28 U.S.C. § 455(b)(5)(i). SEE ORDER FOR DETAILS. Signed by Magistrate Judge
Sheri Polster Chappell on 6/29/2010. (LMH) (Entered: 06/30/2010)
07/02/2010 10 Case Reassigned to Magistrate Judge Anthony E. Porcelli. New case number: 2:10-cv-
390-FtM-29AEP. Magistrate Judge Sheri Polster Chappell no longer assigned to the
case. (SLU) (Entered: 07/02/2010)
07/16/2010 11 INDEPENDENT action MOTION for miscellaneous relief, specifically for relief from
Government crimes, corruption, and facially fraudulent writ of execution (emergency
motion to enjoin def. court reporter Joy Stancel from obstructing justice, concealing
hearing minutes/transcript and conspiring to conceal public corruption in this court case
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#2:07-cv-00228; 2:09-cv-00791 published record conclusive public corruption &
perjury proof notice of fake "writ, lien" and fake "07/29/2009 judgment" Ch. 55, FLA.
Stat., and facially forged "judgment" doc. 386-5) by Jorg Busse, Jennifer Franklin
Prescott. (SLU) Modified on 7/19/2010 (SLU). (Entered: 07/19/2010)
07/16/2010 12 INDEPENDENT action MOTION for miscellaneous relief, specifically for relief from
Government crimes, corruption, and facially fraudulent writ of execution (emergency
motion to enjoin def. District Clerk Kim Arnett from obstructing justice, concealing
record lack of writ of execution and coercing plaintiffs to refrain from prosecution;
published record conclusive public corruption & perjury proof; notice of fake "writ lien"
and fake "07/29/2009 judgment" CH. 55, FLA. Stat., and facially forged "judgment" doc.
386-5) by Jorg Busse, Jennifer Franklin Prescott. (SLU) (Entered: 07/19/2010)
07/16/2010 13 INDEPENDENT action MOTION for miscellaneous relief, specifically for relief from
Government crimes, corruption, and facially fraudulent writ of execution (emergency
motion to enjoin def. corrupt Judge Honeywell's 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) by Jorg Busse, Jennifer Franklin Prescott. (SLU) (Entered:
07/19/2010)
07/16/2010 14 INDEPENDENT action MOTION for miscellaneous relief, specifically for relief from
Government crimes, corruption, and facially fraudulent writ of execution (emergency
motion to enjoin record threats, extortion, crimes by defendant "Judicial (see pleading for
details)" Charlene E. Honeywell; 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) by Jorg Busse, Jennifer Franklin Prescott. (SLU)
(Entered: 07/19/2010)
07/16/2010 15 INDEPENDENT action MOTION for miscellaneous relief, specifically for relief from
Government crimes, corruption, and facially fraudulent writ of execution (emergency
motion to enjoin def. District Clerk Kim Arnett from obstructing justice, concealing
record lack of judgment and coercing plaintiffs to refrain from prosecution, and conspiring
to conceal public corruption case #2:07-cv-00228; 2:09-cv-00791; published record
conclusive public corruption & perjury proof; notice of fake "writ, lien" and fake
"07/29/2009 judgment" CH. 55, FLA. Stat., and facially forged "judgment" doc. 386-5)
by Jorg Busse, Jennifer Franklin Prescott. (SLU) (Entered: 07/19/2010)
07/16/2010 16 INDEPENDENT action MOTION for miscellaneous relief, specifically for relief from
Government crimes, corruption, and facially fraudulent writ of execution (adoption by
reference of notice of appeal from "order" by def. corrupt Judge Honeywell, doc. #49,
7/14/10, 2:10-cv-00089; published notice of record 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, and fake "writ of execution, lien" and fake "07/29/2009 judgment" CH.
55, FLA. Stat., and facially forged "judgment" doc. #386-5, 2:07-cv-00228) by Jorg
Busse, Jennifer Franklin Prescott. (SLU) (Entered: 07/19/2010)

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07/20/2010 17 MOTION for miscellaneous relief, specifically for relief from Government crimes,
corruption, and facially fraudulent writ of execution (motion to stay prima facia illegal
'execution' as a matter of law by Jorg Busse, Jennifer Franklin Prescott. (Attachments: # 1
Exhibit)(SLU) (Entered: 07/20/2010)
07/20/2010 18 INDEPENDENT ACTION MOTION for miscellaneous relief, specifically for relief from
Government crimes, corruption, and facially fraudulent writ of execution (notice of service
of affidavit upon def. U.S. Deputy Marshals Richard, a.k.a. Rick Jessup and Ryan Barry
and demand "to stay proceedings on the execution" pursuant to CH. 56 56.15, Florida
statutes in support of emergency motion for summary rememdy and to stay prima facie
illegal 'execution' as a matter of law emergency of public corruption, crimes, and altered
records) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: # 1 Exhibit)(SLU)
(Entered: 07/20/2010)
07/20/2010 19 INDEPENDENT ACTION MOTION for miscellaneous relief, specifically for relief from
Government crimes, corruption, and facially fraudulent writ of execution (emergency
motion for summary remedy and to stay prima facie illegal 'execution' as a matter of law;
emergency of public corruption, crimes and altered records) by Jorg Busse, Jennifer
Franklin Prescott. (Attachments: # 1 Exhibit)(SLU) (Entered: 07/20/2010)
07/22/2010 20 ORDER OF RECUSAL. Judge John E. Steele recused. The Clerk shall reassign the case
to the next available District Judge. Signed by Judge John E. Steele on 7/22/2010. (RKR)
(Entered: 07/22/2010)
07/27/2010 21 Case Reassigned to Judge James S. Moody, Jr. New case number: 2:10-cv-390-FtM-
30AEP. (SLU) (Entered: 07/27/2010)
07/27/2010 22 ORDER: Plaintiffs' complaint and this case are dismissed with prejudice. The CLERK is
directed to CLOSE this case and terminate any pending motions and deadlines as moot.
In light of Plaintiffs' persistent and unrestrained history of filing baseless and
incomprehensible pleadings, the CLERK is directed not to accept for filing any future
pleading submitted by Plaintiffs in this case, except for a notice of appeal from this Order.
See Baffford v. Township Apartments Assoc., Ltd., 2008 WL 1817333, *4 (M.D. Fla.
2008) (directing clerk not to accept any additional filings except a notice of appeal after
sua sponte dismissal of pro se plaintiffs complaint with prejudice as patently frivolous,
harassing, and vexatious). Signed by Judge James S. Moody, Jr on 7/27/2010. (LN)
(Entered: 07/27/2010)

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http://www.scribd.com/doc/36263633/U-S-Racketeering-Defendant-Crooked-Judge-James-
S-Moody-Jr

NOTICE OF APPEAL FROM FACIALLY FRAUDULENT “order”, DOC. # 22,


ORGANIZED GOVERNMENT CRIME & CORRUPTION, RACKETEERING,
RETALIATION, OBSTRUCTION OF JUSTICE, FRAUD, DEPRIVATIONS

NOTICE OF APPEAL FROM FRAUDULENT “order” [DOC. # 22] & RACKETEERING


1. The Plaintiff unimpeachable record owners of and holders of indisputable
unencumbered title to Lot 15A, Cayo Costa, S-T-R-A-P 12-44-20-01-00015.015A, hereby
appeal from the publicly recorded prima facie Government racketeering and extortion of
“$5,048.60” and/or “$5,000.00” and their accreted riparian Gulf-front Lot 15A [by criminal
means of Doc. # 22] as perfectly conveyed and legally described, Plaintiffs’ publicly
recorded WARRANTY DEED, INSTR 4450927, Collier County Public Records, INSTR
2010000171344, Lee County Public Records, 2 pages:

“… Lot 15A, private undedicated residential Cayo Costa Subdivision, as recorded


and legally described in Plat Book 3, Page 25 (1912), Public Records of Lee County,
Florida, U.S.A.

Property I.D./S.T.R.A.P.: 12-44-20-01-00015.015A


[“A” for “Accreted”; see PB 1, PP. 48, 51, 52]

TOGETHER with all the tenements, hereditaments, appurtenances, publicly


recorded natural accretions and riparian rights thereto belonging or in anywise
appertaining.

GRANTORS further warrant the within described riparian accreted Gulf-front


property is not presently homestead property and that the Grantors’ legal address is:
Post Office Box 7561, Naples, FL 34101-7561.

TO HAVE AND TO HOLD the same in fee simple forever.

AND the Grantors hereby covenant with said Grantees that the Grantors are lawfully
seized of said riparian upland and adjoining riparian street land on the Gulf of
Mexico in fee simple; that the Grantors have good right and lawful authority to sell
and convey said riparian Gulf-front upland and street land on said Gulf as legally
described in reference to said private 1912 Subdivision Plat; that the Grantors
hereby fully warrant the unimpeachable record title to said riparian accreted street and
up-lands on the Gulf of Mexico and pursuant to the Lee County, State of Florida, and
Federal Public Records have defended and will defend their marketable record title
against the lawful and unlawful claims of all persons whomsoever, and in particular,
against the prima facie unlawful and criminal claims of Lee County, the State of
Florida, and the United States of America, and their corrupt Agents, Officials of
record, and the Defendants in their private individual capacities of record such as,
e.g., Joel F. Dubina, Charlene E. Honeywell, Sheri Polster Chappell, Gerald B.
Tjoflat, John E. Steele, Stanley F. Birch, Jr., Tony West; and that said accreted
riparian street and up-lands on the Gulf of Mexico are free of any legitimate and valid
encumbrances and/or judgments, except taxes accruing subsequent to December 31,
2010; zoning, building code and other restrictions legitimately imposed by lawful
governmental authority; outstanding oil, gas, mineral, and or any other interests of
record, if any; and private riparian water-front easements of record, restrictions, if
any, and unimpeachable private implied street and alley easements of record as
conveyed in reference to said 1912 Plat.”

NOTICE OF APPEAL FROM CORRUPT JUDGE MOODY’S ORDER, DOC. # 22


2. The Plaintiff unimpeachable record owners of Lot 15A, Cayo Costa, S-T-R-A-P 12-44-20-
01-00015.015A, hereby appeal from the publicly recorded prima facie organized
Government crime, corruption, racketeering, extortion, retaliation, obstruction of
justice, fraud, fraud on the Court, deliberate deprivations, et al., “Doc. # 22, filed
07/27/2010”, by Defendant U.S. Judge and Racketeer James S. Moody, Jr.
3. Under fraudulent pretenses of a facially idiotic and incomprehensible “claim as public
land” and fictitious “$5,000 sanctions”, Doc. # 22, Defendant Racketeer Moody conspired
to extort Lot 15A and money from the Plaintiff unimpeachable record owners of Lot
15A, Cayo Costa.
DEF. MOODY’S RECORD “TIRADE” AGAINST PUBLIC CORRUPTION VICTIMS
4. This corrupt Court’s latest “order”, Doc. # 22, “in this case is not so much” an order “as it is
a free-flowing, stream-of-consciousness tirade against” Plaintiff whistle-blowers and
victims of Government corruption and racketeering under fraudulent pretenses of the
publicly recorded “involuntary-alienation-by-fake-legislative-act-extortion scheme”, “O.R.
569/875”.
PRIMA FACIE INCOMPREHENSIBILITY OF IDIOTIC “order” and “claim”, DOC. # 22
5. The law did not recognize the facially incomprehensible and absurd “claim as public
land”, Doc. # 22. See Ch. 73, 74, EMINENT DOMAIN; 95, ADVERSE POSSESSION, 712,
FLORIDA’S MARKETABLE RECORD TITLE ACT, Florida Statutes.
6. Here, the public perception of “judicial fraud and corruption” by Defendant Dishonorable
Officials Charlene Edwards Honeywell and Def. Dishonorable John Edwin Steele were the
inescapable and indisputable conclusions of any reasonable person in Defendant Moody’s
shoes.
7. Here, no reasonable and intelligent person in Def. Moody’s shoes could have possibly
determined that the fake “resolution/legislative act” and “$5,000 sanctions” Government
scams were not prima facie extortion and fraud schemes in violation of Florida Statutes,
Constitution, and law.
JUDICIAL NOTICE OF PLAINTIFFS’ PUBLICLY RECORDED PERFECTED TITLE
8. § 90.201 (1), Fla. Stat., states:

Matters which must be judicially noticed.


A court shall take judicial notice of:
(1) Decisional, constitutional, and public statutory law and resolutions of the Florida
Legislature and the Congress of the United States.

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Here, the U.S. Courts shall take judicial notice of Chapter 712, Florida Statutes, Florida’s
self-enforcing Marketable Record Title Act. Here as a matter of law, Chapter 712, Florida
Statutes, governed supremely and superseded the facially falsified and forged
“resolution”, scam “O.R. 569/875”. Here, Defendants Lee County, FL, had no authority to
pervert Florida law.
JUDICIAL NOTICE OF IMPOSSIBILITY OF involuntary alienation by “resolution”
9. Here, the U.S. Courts shall take judicial notice of Chapters 73, 74, EMINENT DOMAIN,
and 95, ADVERSE POSSESSION. Here as a matter of law, said Statutory Chapters governed
supremely and superseded the facially falsified and forged “adoption”-“resolution”-scam
“O.R. 569/875”. Here, the Government Defendants and Officials had no authority to pervert
Florida law.
EXPRESS FLORIDA STATUTORY PROHIBITIONS, CH. 73, 74, 95, FLA. STAT.
10. Here, Florida Statutes, law, and Constitution expressly prohibited any and all involuntary
alienation. See, e.g., Ch. 73, 74, EMINENT DOMAIN; Ch. 95, ADVERSE POSSESSION.
Any involuntary alienation would have strictly and necessarily been a judicial function.
Here, it was elementary that no “legislative act” could have possibly divested the Plaintiffs
of their Lot 15A against their will. Here, the public record, Doc. # 22, established Defendant
Moody as a bungling Government idiot and crook, who disrespected and perverted the law
for criminal and illegal purposes of cover-up and fraudulent concealment.
DEF. MOODY VEXATIOUSLY FIXED THE CASE IN EXCHANGE FOR BRIBES
11. Here, Def. Moody’s “order”, Doc. # 22, was “patently frivolous, baseless, vexatious, and
harassing”. No intelligent, fit, and honest judge or person in Defendant J. S. Moody’s shoes
could have possibly determined any
a. Lot 15A “claim as public land” in violation of, e.g., Chapters 712, 73, 74, 95 Fla.
Statutes;
b. “resolution”;
c. “adoption” of any resolution;
d. any transfer of title to Lee County from Plaintiffs to Lee County against Plaintiffs’ will;
e. any transfer of title by any legislative act, resolution, or law, whatsoever.

PRIMA FACIE CRIMINALITY OF INCOMPREHENSIBLE “claim as public land”


12. § 90.202 (12), Fla. Stat., states:

“Facts that are not subject to dispute because they are capable of accurate and
ready determination by resort to sources whose accuracy cannot be questioned.”

ACCURATE & READY DETERMINATION OF PLAINTIFFS’ RECORD OWNERSHIP


13. Here, Plaintiffs’ publicly recorded title to and ownership of accreted riparian Lot 15A,
Cayo Costa Subdivision, as legally described in reference to the 1912 Plat of Survey in Lee
County Plat Book 3, Page 25 was
a. Indisputable; Ch. 712, F.S.;
b. Unimpeachable;
c. Unencumbered;
d. Perfected;
e. Marketable;
f. Exclusive;

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g. Protected under express Florida Constitutional Guarantees;
h. Protected by the fundamental right to own property;
i. Protected by the fundamental right to exclude government from one’s property.
See Florida’s self-enforcing Marketable Record Title Act; Ch. 712, Florida Statutes. See
Plaintiffs’ publicly recorded Warranty Deed, Lot 15A, Cayo Costa, on file.
PUBLICLY RECORDED ORGANIZED GOVERNMENT CRIME AND CORRUPTION
14. Defendant U.S. Judge James S. Moody, Jr., is part of a Government crime and corruption
organization in Florida, U.S.A. “For approximately four years”, the publicly recorded
policy and pattern have been cover-up, fraudulent concealment, obstruction of justice,
racketeering, fraud, fraud on the Court, and extortion of Lot 15A, Cayo Costa, and
money.
GOVERNMENT FRAUD UPON THE COURT, FLA.R.CIV.P. 1.540
15. “For approximately four years”, Defendant U.S. Judges and Government Officials have
“showered courts in the Middle District of Florida with hundreds” of prima facie corrupted
fraudulent orders and communications for criminal and illegal purposes of racketeering
and extortion of Lot 15A and money under fraudulent pretenses of, e.g.:
a. Fake “resolution”;
b. Fake “land parcels” see, e.g., “12-44-20-01-00000.00A0”; “07-44-21-01-00001.0000”;
c. Fake “5,048.60 judgment”, Case 2:2007-cv-00228;
d. Fake “writ of execution”, Doc. # 425, Case 2:2007-cv-00228;
16. Here, absolute power produced absolute judicial & Government corruption and the
publicly recorded perpetration of fraud upon the Courts.
17. The procedural and substantive rules prohibited Defendant Moody from fixing the Case
based upon the perversion of conclusive public record evidence.
CONSPIRACY TO RACKETEER, EXTORT, RETALIATE, AND DEFRAUD
18. Defendant Crooked U.S. Judge James S. Moody, Jr., conspired with other Officials,
Defendants, and Government gang members to racketeer, retaliate, obstruct justice, and
extort money and Lot 15A, Cayo Costa, from the Plaintiff indisputable record land owners.
DEF. MOODY FRAUDULENTLY CONCEALED PLAINTIFFS’ RECORD TITLE

“At the heart of each case, Plaintiffs allege that they are the owners of Lot 15A in the
Cayo Costa subdivision of Lee County, Florida. Plaintiffs attempt to challenge a
resolution adopted in December 1969 by the Board of Commissioners of Lee County,
Florida, where Lot 15A, among other property, was claimed as public land.”

See Doc. # 22, p. 1.


Here, Defendant Crooked U.S. Judge James S. Moody, Jr., knew, fraudulently concealed,
and conspired with other Officials and Criminals to conceal that

a. The Plaintiffs had conclusively proven and alleged that they are the record owners of
Lot 15A in the Cayo Costa subdivision of Lee County, Florida;
b. The public record had conclusively evidenced that indisputably, the Plaintiffs are the
unimpeachable record owners of Lot 15A in the Cayo Costa subdivision of Lee
County, Florida;
c. Lot 15A, Cayo Costa, was never “claimed as public land”;
d. Lot 15A could not have possibly been “claimed as public land” under any law;

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e. The prima facie fake “claim as public land” was incomprehensible and unrecognized;
f. The Plaintiffs were entitled to defend their perfected record title and prosecute;
g. Plaintiffs were entitled to redress their well-proven recorded Government grievances;
h. The facially forged colorless “claim” lacked any authentic legal description;
i. The colorless facially forged “claim” lacked any legislative signature and name(s).

DEF. MOODY FRAUDULENTLY CONCEALED NULLITY OF SHAM “claim”


19. Here in particular, Def. Crooked Judge Moody knew, fraudulently concealed, and
conspired to conceal that Ch. 95, Florida Statutes, would have absolutely required
Defendants Lee County, FL to pay real property taxes prior to any [hypothetical] judicial
adjudication of any colorless adverse possession “claim” by Defendants Lee County, FL.
20. Here, the Plaintiffs and their predecessors in title had paid property taxes, Lot 15A, since
1912 and since the date of the publicly recorded Federal Land Patent root title. See Lee
County Grantor/Grantee Property Index.
21. Here more than thirty (30) years had passed since the recordation of the Cayo Costa U.S.
Land Patent root title, the statute of limitations had expired, and any and all claims had been
barred and extinguished., Ch. 712, Florida Statutes.
22. Here, Defendant Crook and Racketeer J. S. Moody extended the Government pattern and
policy of, e.g., public corruption, racketeering, retaliation, extortion, fraud on the Courts,
and deliberate deprivations under fraudulent pretenses of, e.g., a legally and factually
impossible and falsified “claim”, “resolution 569/875”, “legislative act”, “sanctions”,
“judgment” in the record absence of any authority and jurisdiction. Here, Defendant Crook
Moody had no authority to break Florida law on the record and perpetrate Government
crimes under color of office.
DEF. MOODY FRAUDULENTLY CONCEALED EXTORTION, RACKETEERING
23. Defendant Moody fraudulently asserted and pretended, Doc. # 22, p. 2:
“Plaintiff Busse was sanctioned $5,000 but refused to pay.”
Here, Defendant Racketeer Moody knew and fraudulently concealed that Defendant
Kenneth M. Wilkinson had never incurred actual and necessary attorney’s fees in the
facially falsified amount of “$5,000”. In June 2009, the U.S. Court of Appeals for the 11th
Circuit had lost “jurisdiction”. Here, Def. Moody conspired with Def. Wilkinson and other
Officials to falsify a fake “July 29 judgment” and alter the official records.
24. Here, Dr. Jorg Busse had paid the final money judgment in the amount of “$24.30” for
“copies” issued as mandate in June 2009, Case No. 2:2007-cv-00228.
25. Here just like a bungling Government crook and idiot, Defendant Moody covered up,
concealed the truth, and obstructed justice for publicly recorded criminal purposes of
extortion and racketeering.
26. Here, Def. Moody knew that frivolity had never been any issue, whatsoever, as publicly
recorded and conclusively evidenced by the Opinion, Judgment, and Mandate in said Case.

COMPULSORY JUDICIAL NOTICE


27. § 90.203, Florida Statutes, COMPULSORY JUDICIAL NOTICE, provides:

“A court shall take judicial notice of any matter in § 90.202 when a party requests it..”

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Here for years, the Plaintiff exclusive indisputable record owners of Lot 15A, Cayo Costa,
PB 3, PG 25 (1912) had requested the Federal Courts to take judicial notice of the matter
and issue of their record unencumbered and perfected ownership and title, 12-44-20-01-
00015.015A.
DEFENDANT CROOKED JUDGE MOODY’S SHAM “order”, DOC. # 22
28. Here on its face, Defendant Crooked Judge Moody’s sham “order”, Doc. # 22, was
a. Controverted by Plaintiffs’ publicly recorded indisputable title to Lot 15A;
b. Controverted by Plaintiffs’ publicly recorded property tax payments;
c. Facially incomprehensible and baseless;
d. Arbitrary, capricious, and malicious;
e. Idiotic and irrational.

RECORD TAX PAYMENTS WERE CAPABLE OF ACCURATE DETERMINATION


29. Here, Plaintiffs’ publicly recorded satisfactory real property tax payments, Lot 15A, were
capable of accurate and ready determination and indisputable. Said indisputable record
tax payments had controverted any “claim”.
PLAINTIFFS’ RECORD DEED WAS CAPABLE OF READY DETERMINATION
30. Here, Plaintiffs’ publicly recorded Warranty Deed, Lot 15A, was capable of accurate and
ready determination and indisputable.
31. Here as a matter of law, Plaintiffs’ record title and tax payments had conclusively
controverted:
a. Any and all barred “claims”, Ch. 712, Florida Statutes;
b. Sham “claim” “O.R. 569/875”;
c. Any and all absurd, unrecognized, and frivolous “claim(s) as public land”;
d. Any and all non-existent “title transfer” to Lee County, FL;
e. Any involuntary alienation; Chapters 73; 74, 95, Florida Statutes.

AS A MATTER OF LAW, ANY AND ALL CLAIMS HAD BEEN BARRED, CH. 712, F.S.
32. As a matter of law, Ch. 712, Fla. Stat., had extinguished any and all “claims” against Lot
15A, Cayo Costa.
33. In “1969”, the fabricated date of the fictitious “resolution”, the statute of limitations for
any and all “claims” had expired. Here, more than thirty (30) years had passed since the root
title to Lot 15A, which had barred any and all “claims”. Period.
34. Here, Lee County, FL, had never “claimed” anything, and no authentic record of any “claim”
had ever legally existed or had ever been legally recorded.
FALSIFIED “claim”, “O.R. 569/875” WAS LEGALLY ABSOLUTELY IMPOSSIBLE
35. Here as a matter of law:
a. No “resolution” could have possibly involuntarily divested the Plaintiffs of their Lot 15A;
b. No “law” could have possibly involuntarily divested the Plaintiffs of their Lot 15A;
c. Any involuntarily alienation would have necessarily been a judicial function;
d. Plaintiffs were the indisputable record owners, Lot 15A, Cayo Costa;
e. Plaintiffs were the unimpeachable title holders, Lot 15A;
f. Plaintiffs’ said record ownership was capable of accurate and ready determination;
g. Plaintiffs’ said record title, Lot 15A, was capable of accurate & ready determination;
h. Defendant Moody fabricated and conspired to falsify an incomprehensible “claim”.

6
PERVERSION OF RULE 69 FOR CRIMINAL PURPOSES OF RACKETEERING
36. Rule 69, Fed.R.Civ.P. states:

(a) In General.
(1) Money Judgment; Applicable Procedure.
A money judgment is enforced by a writ of execution, unless the court directs
otherwise. The procedure on execution — and in proceedings supplementary to and
in aid of judgment or execution — must accord with the procedure of the state where
the court is located, but a federal statute governs to the extent it applies.
(2) Obtaining Discovery.
In aid of the judgment or execution, the judgment creditor or a successor in interest
whose interest appears of record may obtain discovery from any person — including
the judgment debtor — as provided in these rules or by the procedure of the state
where the court is located.

37. Here, Def. Moody conspired to conceal that


a. The paid $24.30 money judgment and final mandate, Doc. # 365, Case 2:2007-cv-
00228 could not be “enforced by a writ of execution”;
b. The facially fraudulent procedure on the falsified execution did not “accord with the
procedure of the State”.
c. The U.S. Court of Appeals for the 11th Circuit had lost jurisdiction in June 2009;
d. Defendant Crooked Official Kenneth M. Wilkinson falsified and fraudulently
pretended a “July 29, judgment”;
e. Defendant Jack N. Peterson, Esq., perjured himself; see facially fraudulent “Affidavit”;
f. No genuine July 2009 judgment could have possibly existed in said Case;
g. The fictitious “July 29, judgment” could not be found in the public records.

38. Here, the prima facie criminality, illegality, and nullity of the fake “5,048.60 judgment”,
Doc. ## 386, 432, fake “writ of execution”, Doc. # 425, fake “legislative act”, fake
“resolution 569/875” were capable of accurate and ready determination by resort to sources
whose accuracy cannot be questioned. See Case 2:2007-cv-00228 …

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