JUDICIAL FRAUD

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

[“TRANSFERRED” FROM:

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION]

JENNIFER FRANKLIN PRESCOTT, DR. JORG BUSSE,

Plaintiffs,

versus Non-Randomly Reassigned & Fixed Case # 2:09-CV-00791-UA-SPC

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; ROGER DESJARLAIS; 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,

NOTICE OF APPEAL

Defendants.

____________________________________________/

NOTICE OF APPEAL FROM “ORDER TRANSFERRING AND CLOSING CASE”

AND ANOTHER CRIMINAL ACT OF CASE FIXING IN EXCHANGE FOR BRIBES

[SEE DOC. # 3]

CONCLUSIVE DISPOSITIVE DE NOVO RECORD EVIDENCE

1. In their Complaint [Doc. # 1], the Plaintiff declared unimpeachable riparian street record Owners had asserted conclusive dispositive de novo evidence at, e.g., ¶ 1:

“1. Based on the conclusive de novo public record evidence of Plaintiffs’ unimpeachable ownership of their riparian Lee County Parcel # 12-44-20-01-00015.015A [“A” for “ACCRETED”] “on the Gulf of Mexico”, the Plaintiffs signed and filed this independent legal action for relief from extrinsic fraud, fraud on the Courts, and public corruption.

NEWLY DISCOVERED EVIDENCE & 11/17/2009 QUASI-JUDICIAL PROCEEDINGS

2. On 11/17/2009, Defendant Roger Alejo stated under oath that Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A is right next to and bounded by the “Gulf of Mexico” as platted and subdivided pursuant to Lee County Plat Book 3, page 25 (1912). Because Plaintiffs’ street lands touch the “Gulf of Mexico”, Plaintiffs’ Gulf-front Parcel # 12-44-20-01-00015.015A [“A” for “ACCRETED”] is riparian.”

ACTION AROSE FROM LAZZARA’S NOVEMBER 2009 CRIMINAL CASE FIXING

2. This independent legal action for relief from extrinsic fraud and fraud on the Courts arose from, e.g., the criminal case fixing by named party Defendant objectively corrupt and partial Richard A. Lazzara on 11/04/2009 and/or 11/05/2009 in exchange for Defendants’ bribes. Defendant Lazzara had falsely and fraudulently pretended, e.g.:

a. “Frivolity” of Plaintiffs’ claims for relief;

b. A “resolution” [prima facie scam “O.R. 569/875”], which never legally existed and never transferred any property interest or title to Lee County, Florida;

c. A “park”, which was never platted or subdivided, PB 3, PG 25 (1912).

SUPPRESSED PRIMA FACIE EVIDENCE OF PUBLIC CORRUPTION

3. Here during the pendency of facially fixed Case “Prescott v. Black, No. 2:09-CV-602-UA-MAP” named party Defendant objectively corrupt Judge Lazzara perpetrated extrinsic fraud and fraud on the Courts, when, e.g., Defendant Lazzara concocted “frivolity” and a “resolution” [fake “claim” and scam “O.R. 569/875”], which Defendant Lazzara knew and fraudulently concealed could not have possibly created or transferred any interest or estate in the Plaintiff declared riparian street Owners’ Gulf front street and subject Parcel # 12-44-20-01-00015.015A [“A” for “ACCRETED”] to Lee County, Florida.

FLAWED JUDICIAL REVIEW OF ONLY 103 PAGES OF COMPLAINT

4. The Plaintiff declared unimpeachable riparian record Owners are entitled to

a. Redress their conclusively evidenced Governmental grievances;

b. Impartial and intelligent judicial review of their entire Complaint and not just 103 pages or less than half of their Complaint;

c. Be free from patently clear Governmental corruption and oppression as conclusively proven by the public record.

ERRONEOUS AND INAPPROPRIATE ORDER

5. In the prima facie absence of hundreds of pages of Plaintiffs’ Complaint, said “Order Transferring and Closing Case” was facially and objectively erroneous and inappropriate. Plain and short, said inappropriate “Order” serves the unlawful purpose of extending the conclusively proven public corruption and case fixing by Defendant corrupt Judge Richard A. Lazzara.

NON-ACCEPTANCE OF DE NOVO CASE FIXING EVIDENCE

6. The Federal Court(s) did not accept as true the conclusive evidence of case fixing in exchange for Defendants’ bribes by named party Defendant objectively partial and corrupt Judge Richard A. Lazzara, who deliberately deprived the Plaintiffs of Lazzara’s absolutely mandatory recusal under 28 U.S.C. § 455 for the unlawful purpose of defrauding the Plaintiff declared riparian property Owners:

“A review of the complaint reveals that this case relates to Prescott v. Black, No.2:09-CV-602-UA-MAP, which was previously pending before the Honorable Richard A. Lazzara in United States District Court for the Middle District of Florida. Because this case appears to be based on the same facts as the case dismissed [fixed in exchange for Defendants’ bribes] by Judge Lazzara, the Court finds that transfer to the Middle District of Florida is appropriate.”

DE NOVO EVIDENCE OF FORGED “JUMPING” RANGE LINES & SURVEY

7. In particular, the Plaintiffs had conclusively evidenced de novo evidence of forged “jumping” and discontinuous “Range” and/or longitudinal lines in Defendants’ Survey of the subject Cayo Costa Subdivision, PB 3, PG 25 (1912). Here, the Defendants perverted and conspired to pervert said “Range” lines, which are based on the U.S. Governmental Survey System and an integral part of the S-T-R-A-P [for Section-Township-Range] Number system, which also served to identify Plaintiffs’ Constitutionally protected riparian Gulf-front property.

DE NOVO EVIDENCE OF PLAINTIFFS’ OWNERSHIP OF MORE THAN 2.6 ACRES

8. Furthermore, the Court completely ignored the 11/17/2009 de novo evidence of perjury by Defendant Lee County Agricultural Specialist Roger Alejo, who admitted under oath that

a. The natural boundary of Plaintiffs’ riparian street and Parcel # 12-44-20-01-00015.015A as legally described and conveyed in reference to said 1912 Plat, PB 3, PG 25, is the “Gulf of Mexico”;

b. The record size and/or area of Plaintiffs’ riparian property “on the Gulf of Mexico” is more than 2.6 Acres.

DE NOVO EVIDENCE OF LEE COUNTY CRIMINAL COERCION & “RACKET”

9. Defendants Kenneth M. Wilkinson and Jack N. Peterson demanded “$5,000.00” for the unlawful purpose of criminally coercing the Plaintiffs to refrain from prosecution and litigation and from blowing the whistle on Lee County’s complained about facial forgeries and fraud schemes.

NO RANDOM RE-ASSIGNMENT IN ORDER TO FIX CASE AGAIN

10. Rather than randomly re-assign the Case, the Court “handed” the Case back to objectively corrupt and partial Judge Lazzara for what appears to become another criminal act of case fixing in exchange for Defendants’ bribes. Here patently clearly, the Court has been incapable of policing itself and its own and deceives the public under false pretenses of “frivolity” and a fake “resolution”. Under public policy, no judge is above the law. Here, Defendant Judge Richard A. Lazzara is to be prosecuted just like any other common criminal. Here, Richard A. Lazzara has no immunity for his case fixing and obstruction of justice. After extending the conclusively proven “Lee County” record forgeries and/or fraud schemes, Lazzara fraudulently and unintelligently pretended “frivolity” to keep the Plaintiff whistleblowers away from Court.

THE RECORD JUDICIAL FRAUD VIOLATES INTERNATIONAL LAW

11. The Federal Courts have been violating international law in these Cases. The Plaintiff riparian street and subject Parcel record Owners also enjoy non-U.S. citizenships [European Union and other]. Here, the blatant judicial fraud of record violates international agreements. Any reasonable reader can readily comprehend that after raping the law and the Federal and Florida Constitutions, the gang of Defendant rogue American Judges believes to be above the law and get away with, e.g., obstruction of justice, deliberate deprivations, extrinsic fraud, and fraud on the Courts. Such trashing of the said Constitutions is a disgrace and will further diminish America’s reputation in the world.

WHEREFORE, the declared Plaintiff riparian street record Owners respectfully demand

1. An Order vacating and relieving the Plaintiff record riparian street Owners from said “Order” [Doc. # 3], because on its face it serves the unlawful purpose of obstructing justice, deliberately depriving and defrauding the Plaintiff riparian street and subject Parcel Owners;

2. An Order vacating and relieving the Plaintiff record riparian street Owners from said “Order” [Doc. # 3], because on its face it serves the unlawful purpose of fraudulently concealing the publicly recorded corruption and case fixing in exchange for Defendants’ bribes;

3. An Order relieving the Plaintiff unimpeachable record riparian street and subject Parcel Owners from said extrinsic fraud, fraud on the courts, and fraudulent pretenses of “Lee County” ownership of a non-existent and unplatted “park”, which was never subdivided by original Subdivision Owner and Developer Alexander C. Roesch in 1912, PB 3, PG 25;

4. An Order for compensatory damages against all Defendants;

5. An Order enjoining the Defendant Officials from said “Lee County” forgeries and fraud schemes and public governmental corruption;

6. An Order enjoining Defendant Cynthia A. Pivacek from any unlawful “attorney review” extrinsic fraud scheme, and obstruction of Plaintiffs’ Constitutional right to court access and to redress their grievances;

7. An Order declaring that, through the mere passage of time, Florida’s self-enforcing Marketable Record Title Act had automatically quieted Plaintiffs’ perfected and unencumbered record title to said admittedly riparian Gulf-front street and Parcel # 12-44-20-01-00015.015A, which touches and abuts the “Gulf of Mexico” pursuant to said 1912 record Subdivision Plat and the newly discovered evidence;

8. An Order enjoining Lee County, the State of Florida, and its Officials from maliciously misconstruing said referenced 1912 Subdivision Plat of Survey, PB 3, PG 25, and the natural record boundary and monument of the “Gulf of Mexico” and “Charlotte Harbor”;

9. An Order enjoining, in particular, fraudulent “Lee County” “land claim” and scam “O.R. 569/875”, which never legally existed and was never legally recorded;

10. An Order enjoining, in particular, forged and unplatted “Lee County” “parcel 12-44-20-01-00000.00A0”, which never legally existed and was never legally recorded;

11. An Order enjoining, in particular, forged and unplatted “Lee County” “parcel 07-44-21-01-00001.0000”, which never legally existed and was never legally recorded;

12. An Order enjoining said fraudulent “Lee County” land ownership “claims” in the prima facie absence of any Lee County title;

13. An Order enjoining any trespass onto said private undedicated residential Cayo Costa Subdivision, PB 3, PG 25 (1912), by Lee County, the State of Florida, its Officials, and the public;

14. An Order enjoining any trespass onto Plaintiffs’ private implied street and alley easements and onto Plaintiffs’ adjoining riparian street lands and private street easement “on the Gulf of Mexico” by Lee County, the State of Florida, its Officials, and the public;

15. An Order relieving the Plaintiff unimpeachable record riparian Gulf-front street Owners from said extrinsic fraud, fraud on the courts, and fraudulent pretenses of “Lee County” ownership of non-existent and un-platted “parcels 12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” pursuant to said referenced 1912 Plat, PB 3, PG 25;

16. An Order for punitive damages against all Defendants;

17. An Order for relief from the fraudulent Judgments in the related Cases and Appeals;

18. An Order for the impeachment of named party Defendant objectively partial and corrupt U.S. District Judge Richard A. Lazzara, who fraudulently concealed Plaintiffs’ unimpeachable riparian street Ownership as dispositively declared by the 11^th Circuit on 04/21/2009;

19. An Order for the impeachment of named party Defendant objectively partial and corrupt U.S. District Judge Richard A. Lazzara, who extended said crimes, and public governmental corruption, forgeries, and fraud schemes under fraudulent and false pretenses of “frivolity”;

20. An Order for the recusal of named party Defendant objectively corrupt and partial U.S. District Judge Richard A. Lazzara, because he was under an absolute self-enforcing recusal obligation under 28 U.S.C. § 455.

Respectfully submitted,

_________________________________

/S/JENNIFER FRANKLIN PRESCOTT

Crime and Public Corruption 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.

Public Corruption and Crime Victim; Plaintiff, pro se

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

Consulate General of the Federal Republic of Germany

C/o Legal and Consular Department

100 N. Biscayne Blvd., Suite # 2200, Miami, FL 33132

T: 239-595-7074; E-mail at: http://VABLeeCounty.blogspot.com/ and/or JRBU@aol.com

EXHIBITS

A. 1912 Plat of Survey of the facially undedicated private residential Cayo Costa Subdivision on Cayo Costa Island in Lee County, Florida, Plat Book 3, page 25;

B. 2008 Survey of Plaintiff’s riparian Gulf-front Parcel # 12-44-20-01-00015.015A;

C. 2008 Survey depicting Plaintiffs’ riparian Parcel “on the Gulf of Mexico” and its

a. Controlling natural “Gulf of Mexico” boundary and monument;

b. 2,300 ft plus depth;

c. 2.6 plus Acres area and size of

Plaintiffs’ riparian Gulf-front Parcel 12-44-20-01-00015.015A;

D. 2008 Survey depicting Plaintiffs’ riparian “paper” street lands and street easement “on the Gulf of Mexico” and the

a. Controlling natural “Gulf of Mexico” boundary and monument;

b. 2,170 ft plus depth of;

c. 2.6 plus Acres area and size of

Plaintiffs’ riparian Gulf-front Parcel 12-44-20-01-00015.015A as platted and legally described in 1912, PB 3, PG 25;

E. Plaintiffs’ Deed to their riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”;

F. 1912 Plat of private riparian undedicated residential Cayo Costa Subdivision, Lee County Plat Book 3, p. 25;

G. Transcript of 11/17/2009, PM, Lee County Value Adjustment Board Hearing at the Offices of the Lee County Property Appraiser [Martina Court Reporting];

H. 12/29/2000 Lee County Memorandum, in which the Lee County Attorney’s Office asserted the prima facie lack of any dedication of the private street and alley easements across the private residential Cayo Costa Subdivision;

I. Transcript of 11/07/2007 Proceedings in the U.S. District Court, Case # 2:07-CV-228-FtM-JES(RECUSED)-SPC(RECUSED);

J. Defendant Kenneth M. Wilkinson’s Answers to Interrogatories;

K. “Defendants’ Motion for Temporary Injunction”, dated 08/29/2008, as signed and filed in the Lee County Circuit Court, Case # 06-CA-003185, by Defendant Reagan K. Russell;

L. Def. Jack N. Peterson’s 10/14/2009 Letter of Criminal Coercion & Demand of $5,048.60;

M. “Affidavit of Charles B. Stevens”, dated 06/06/2009; “Exhibit A”; as attached to “Defendants’ Motion for Temporary Injunction”, dated 08/29/2008, and filed in the Lee County Circuit Court, Case # 06-CA-003185;

N. “Affidavit of Charles B. Stevens”, dated 06/25/2009; “Exhibit B”; as attached to “Defendants’ Motion for Temporary Injunction”, dated 08/29/2008, and filed in the Lee County Circuit Court, Case # 06-CA-003185.

CC: Frederico A. Moreno

Federal Bureau of Investigation

Florida Department of Law Enforcement

Governor Charlie Crist

Eric H. Holder, Jr., U.S. Attorney General, et al.

The Florida Bar