Plaintiff Judicial Corruption Victims Sue Judge Thomas G Wilson

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    UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

    FORT MYERS DIVISION

    DR. JORG BUSSE, JENNIFER FRANKLIN PRESCOTT,

    Plaintiffs,

    versus Case # 2:10-CV-0089-FtM-CEH-TGW

    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 VALUEADJUSTMENT BOARD; LORI L. RUTLAND; EXECUTIVE TITLE CO.;JOHNSON ENGINEERING, INC.,

    Defendants.

    NOTICE OF APPEAL

    INDEPENDENT ACTION

    FOR RELIEF FROM GOVERNMENT CRIMES, CORRUPTION,

    FACIALLY FRAUDULENT WRIT OF EXECUTION,AND FORGED AND VOID judgments and orders

    ____________________________________________________________________________/

    NOTICE OF APPEAL FROM FACIALLY FRAUDULENT report, DOC. # 67,

    ORGANIZED GOVERNMENT CRIME & CORRUPTION, RACKETEERING,

    RETALIATION, OBSTRUCTION OF JUSTICE, FRAUD, DEPRIVATIONS AT THE

    HANDS OF BUNGLING GOVERNMENT CROOK & IDIOT THOMAS G. WILSON

    PUBLIC NOTICE OF REAPPOINTMENT COMMENTS, DEF. T. G. WILSON

    NOTICE OF FALSIFICATIONS OF claim, PRIMA FACIE SCAM O.R. 569/875,

    AND FORGED foreign $5,048.60 money judgment AFTER APPEAL CLOSURE,

    CH. 712; 95; 73, 74; 55; 695.26, 695.09, 689.01, 55.10, 55.509, FLORIDA STATUTES,

    FLORIDA ENFORCEMENT OF FOREIGN JUDGMENT ACT

    NOTICE OF APPEAL FROM FRAUDULENT report and recommendation [DOC. # 67]

    1. The Plaintiff unimpeachable record owners of and holders of indisputable

    unencumbered title toLot 15A, Cayo Costa, S-T-R-A-P 12-44-20-01-00015.015A, hereby

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    appeal from the publicly recorded prima facie Government racketeering and extortion of

    $5,048.60 and falsified $5,000.00 attorneys fees and their accreted riparian Gulf-front

    Lot 15A [by criminal means of Doc. # 67] as perfectly conveyed and legally described,

    Plaintiffs publicly recorded WARRANTY DEED, INSTR 4450927, Collier County

    Public Records, INSTR2010000171344, Lee County Public Records, 2 pages:

    Lot 15A, private undedicated residential Cayo Costa Subdivision, as recordedand 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 anywiseappertaining.

    GRANTORS further warrant the within described riparian accreted Gulf-frontproperty 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 lawfullyseized 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 selland convey said riparian Gulf-front upland and street land on said Gulfas legallydescribed in reference to said private 1912 Subdivision Plat; that the Grantorshereby fully warrant the unimpeachable record title to said riparian accreted street andup-lands on the Gulf of Mexico and pursuant to the Lee County, State of Florida, andFederal Public Records have defended and will defend their marketable record titleagainst 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 ofFlorida, and the United States of America, and their corrupt Agents, Officials ofrecord, 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 accretedriparian street and up-lands on the Gulf of Mexico are free of any legitimate and validencumbrances and/or judgments, except taxes accruing subsequent to December 31,2010; zoning, building code and other restrictions legitimately imposed by lawfulgovernmental authority; outstanding oil, gas, mineral, and or any other interests ofrecord, if any; and private riparian water-front easements of record, restrictions, ifany, and unimpeachable private implied street and alley easements of record asconveyed in reference to said 1912 Plat.

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    DEF. WILSONS ADMISSION OF INCOMPETENCE & OBJECTIVE PARTIALITY

    2. Doc. # 67, mailed on 08/19/2010, indisputably proved that Def. objectively partial andCrooked Judge Thomas G. Wilson hadno familiarity with any of the facts.

    I had no familiarity with any of the facts . Doc. # 67, p. 2.Here in particular, Def. Wilson had no familiarity with, e.g.:

    a. Lee County Plat Book 3, Page 25 (1912);b. Lee County INSTRUMENT2010000171344; WARRANTY DEED;c. Collier County Public Record, INSTRUMENT4450927; WARRANTY DEED;d. APPEAL from Case 2:2007-cv-00228;e. 2006 STATE Court Case, BUSSE v. STATE OF FLORIDA;f. The falsified July 29, 2009, judgment;g. The unsubstantiated and falsified $5,000 attorneys fees forextortionpurposes;h. The fabricated rule 38 motion, Fed.R.App.P., which Defendant Appellee K. M.

    Wilkinson had admittedlyNOTfiledin the U.S. Court of Appeals, 11th Circuit.

    OBJECTIONS TO FACIALLY FRAUDULENT report and recommendation, DOC. # 67

    3. The Plaintiff Government corruption & crime victims object to Defendant CrookedMagistrate Judge Thomas G. Wilsons premeditateda. Cover-up of Government Officials crimes and corruption on the public record;b. Fraudulent concealment of, e.g., Def. Officials extortion, fraud, obstruction of justice;c. Extension of Government corruption, fraud, retaliation, and deliberate deprivations;d. Extortion of Plaintiffs Lot 15A, Cayo Costa, and money underfraudulent pretenses.See Doc. # 67, mailed on 08/19/2010; Case 2:2010-cv-00089-CEH-TGW.

    PLAINTIFFS CONTEST MAGISTRATE WILSONS CORRUPTION, DOC. # 67

    4. The Plaintiff unimpeachable record owners of and title holders to Lot 15A contestDefendant Magistrate Thomas G. Wilsons publicly recorded and proven:a. Corruption;b. Fraud, deception, and trickery;c. Fraud on the Court;d. Dishonesty;e. Objective partiality;f. Incompetence;g. Perversion of the law and public record evidence.

    DEF. CROOKED JUDGE WILSONS FABLE & FABRICATION OF res judicata5. It is a hackneyed truism that res judicata does not preclude a litigant from making a

    direct attack upon the judgment before the court which renders it. 1B J. Moore, FederalPractice, 0.407, at 282 (2d ed. 1991). In other words, a party may introduce evidence,normally extrinsic in nature, "with the direct and primary objective of modifying, settingaside, canceling orvacating, orenjoining the enforcement of the judgment. C. Wright &A. Miller, Federal Practice and Procedure at 4406 (citing Intermill v. Nash, 94 Utah 271,75 P.2d 157 (1938)).

    PATTERN OF DECEPTION, TRICKERY, AND CASE FIXING FOR BRIBES

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    6. Here, absolutely nothing barred Plaintiffs direct attack of, e.g., the facially voidjudgments, fraud on the Courts since 2006, organized Government crime andcorruption, racketeering and fraud. Here, Def. Wilson deceived the Court:

    In view of prior dismissals, this complaint is barred by the doctrine of res judicata.See Doc. # 67, p. 4.

    DIRECT ATTACK OF BRAZEN FRAUD ON THE COURTS SINCE 20067. Here, the Plaintiff unimpeachable record title holders to riparian Gulf-front Lot 15Adirectly attackedpublicly recorded organized judicial crime and corruption in FloridaCourts.a. Here, the original Federal Case, 2:2007-cv-00228, is under appeal and attackfor, e.g.,

    publicly recorded Government racketeering, retaliation, extortion, fraud, fraud onthe Courts, and deliberate deprivations, 18 U.S.C. 241, 242;

    b. Here, the purported factual findings by Crooked Magistrate Wilson are underdirectattack, 28 U.S.C. 636(b)(1), and conclusively controverted by U.S., Florida, and LeeCounty Public Records;

    c. Government corruption and crimes did not, and could not have possibly, created

    finality but voided record deception, trickery, and fraud on the Courts since 2006.

    COVER-UP, CONCEALMENT & CORRUPTION UNDER PRETENSES OF res judicata8. Here under fraudulent and facially false pretenses of res judicata, Defendant Corrupt

    Judge Thomas G. Wilson:a. Covered up Crimes by Corrupt Officials and Defendants;b. Concealed Organized Government Crime & Corruption;c. Conspired with other Government Crooks to conceal and cover up.

    PLAINTIFF ATTACK DEF. WILSONS FALSIFIED factual findings, DOC. # 679. The Plaintiffs hereby attackDefendant T. G. Wilsons

    a. Perversion of publicly recorded marketable title and ownership evidence, Ch. 712, F.S.;b. Perversion ofprima facie scam O.R. 569/875 into an instrument oftrickery;c. Perversion and falsification of record real property tax payment evidence;d. Alteration of official records and documents forcriminal purposes ofracketeering.

    RES PERVERTA10. On the public record, Def. Wilson is confusing res perverta and res judicata. Just like

    criminal Catholic Church Officials conspired to create finality, cover up, and concealorganized Church crime and corruption, here Def. Wilson conspired to concealrape of thelaw underfraudulent pretenses of res judicata and color of office.

    With the federal defendants dismissed, and no federal claim having been alleged, thecourt should not exercise , Doc. # 67, p. 9.

    With the rapists dismissed, and rape having been proven, the victims bleeding.

    the Church and court should now cover up, conceal, and continue their charade.

    Here, Def. Wilson conspired with other Crooked Officials to pervert the law and resjudicata. Here as a matter of law, res judicata could not have possiblyapplied, because

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    a. The causes of action and claims for relief were DIFFERENT;b. The causes of action could NOT have possiblyarisen in the past;c. The parties were DIFFERENT;d. The U.S. Courts had DENIEDjurisdiction, Case 2:2007-cv-00228, underAPPEAL;e. Pending APPEAL, there was of course NO final judgment on the merits and the issues

    of the prima facie criminality and nullity of, e.g.: Fake land parcels; Fake lot 12-44-20-01-00000.00A0 Fake block 07-44-21-01-00001.0000; Fake park; see PB 3 PG 25 (1912); Falsified plat; Fabricated rule 38 motion; Falsified $5,000 attorneys fees; Fictitious July 29, 2009, judgment.

    f. The Crooked Judges perpetrated FRAUD ON THE COURT.11. Here, neither the publicly recorded fraud on the Courts nor the Plaintiff record title

    holders and tax payers, Lot 15A, will go away. Here, objectively partial and corrupt Def.Wilson conspired to keep the Plaintiffs away from the Court for illegal purposes ofobstructingany opportunity of justice and meaningful court access. See 28 U.S.C. 455.

    RECORD LACK OF authority, LOCAL RULE 6, 6.0212. Here, Defendant Crooked Judge Wilson lacked any authority to report and recommend,

    e.g. (Doc. # 67):a. Government corruption;b. Organized Government crime;c. Cover-up;d. Coercion of the Plaintiffs to refrain from prosecution and defense of their perfect title;e. Government malfeasance;f. Perversion of the law;g. Fabrication of factual findings.

    DIRECT ATTACK OF REAPPOINTMENT

    PUBLIC NOTICE OF REAPPOINTMENT COMMENTS13. Hereby, the Plaintiff record indisputable title holders, land owners, and tax payers, riparian

    Lot 15A, directly attack:a. Def. Wilsons fraudulent report and recommendation, Doc. # 67, 2:10-cv-00089;b. Def. Wilsons reappointmentas Magistrate Judge;c. Def. Wilsons publicly recorded case-fixing;d. Def. Wilsons concealment of Government extortion of Lot 15A & money ($5,048.60).See Local Rule 6, 6.02, 28 U.S.C. 636.

    STRIKING THE PUBLIC RECORD EVIDENCE IN ORDER TO CONCEAL14. Striking the publicly recorded Government scandal as scandalous is for illegal and

    criminal purposes ofconcealing the recorded extortion of money and Plaintiffs Lot 15A:

    In light of that circumstance, the allegations of fraud, bribery, and conspiracyshould be stricken as impertinent and scandalous. Doc. # 67, p. 3.

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    In light of that circumstance, we shall agree that the patently clear proof of rape

    should be concealed and covered up; otherwise the scandalwill strike the Judgesand priests in our crime organization.

    DEF. WILSONS CRIMINAL CASE-FIXING IN FAVOR OF DEF. OFFICIALS15. With intent to, and for criminal purposes of, case fixing and obstruction of justice,Defendant Wilson reported, Doc. # 67:

    A dismissal for failure to state a claim for relief will not do, since such adismissal typically warrants an opportunity to amend. Rather it is fitting [for thecriminal purposes of case-fixing and obstruction of justice] to consider dismissalon the dispositive ground ofres judicata See Doc. # 67, p. 4.

    Here on the public record, Def. Wilson expressed his criminal intent to obstruct anyopportunity of justice and perpetrated fraud on the Court. Here with intent todeliberately deprive and defraud, Wilson chose his conclusion independent of thematerial facts and law, but with the criminal objective ofcase-fixing, obstructing justice,

    and injuring the Plaintiffs.16. Here, acceptingPlaintiffs conclusively proven allegations within the four corners of theirComplaint as true would have necessarily resulted in just and speedy adjudicationin favorof the Plaintiff record owners.

    DEF. CROOKED JUDGE WILSON CONSPIRED TO CONCEAL FAKE land parcels17. In particular, Defendant Wilson conspired with other Officials and Defendants to conceal,

    e.g.:a. Fake land parcel 12-44-20-01-00000.00A0;b. Fake land parcel 07-44-21-01-00001.0000;c. Fake judgment;d. Fake July 29, 2009, judgment;e. Fakeun-recorded $5,048.60 judgment, Doc. ## 386, 432;f. Fake lien;g. Fake writ of execution, Doc. # 425;h. Fake resolution 569/875, O.R. 569/875, Lee County Public Records, Doc. # 338;i. Non-existence offictitious 08/22/2008 Rule 38 Motion, Doc. # 386.See Case 2:2007-cv-00228; see Lee County Plat Book 3, Page 25 (1912) on file.

    DEF. WILSON CONCEALED LACK OF RECORD OF FALSIFIED land parcels18. Def. Wilson knew that he or any intelligent, fit, and honestperson in Wilsons shoes could

    a. NOTfindfacially forged land parcel 12-44-20-01-00000.00A0;\b. NOTfindfacially forged land parcel 07-44-21-01-00001.0000;c. NOTfindany Lee County title to forged land parcel 12-44-20-01-00000.00A0;d. NOTfindany Lee County title to forged land parcel 07-44-21-01-00001.0000;

    DEF. CROOKED JUDGE WILSON PERVERTED THE 1912 PLAT, PB 3, PG 25

    19. Plain and short, the attached 1912 Cayo Costa Subdivision Plat of Surveya. Was devoid offalsified land parcel 12-44-20-01-00000.00A0;b. Was devoid offalsified land parcel 07-44-21-01-00001.0000;

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    c. Was devoid of the falsified Lee County park.Here, Def. Wilson knew that as a matter of law the fraudulently pretendedconveyance ofsaid fake land parcels in reference to said 1912 Plat had been legally and factuallyimpossible.

    WILSON CONSPIRED TO CONCEAL ORGANIZED JUDICIAL CRIME, DOC. # 6720. Florida law prohibitsfraudulent fabrication of a fakeinterestin fictitious land parcels.Here, Plaintiff(s) had demanded judicial notice of, e.g.:a. Ch. 95, Florida Statutes, ADVERSE POSSESSION;b. Ch. 73, 74, Florida Statutes, EMINENT DOMAIN;c. Ch. 712, F.S., self-enforcing FLORIDAMARKETABLE RECORD TITLE ACT;d. Article I, s. 10, Florida Constitution;e. Article I, s. 2, Florida Constitution;f. Article I, s. 9, Florida Constitution;g. The recorded fraudulent violations of Florida Statutes and Constitution;h. Def. K. M. Wilkinsons publicly recorded fabrications and fraud on the Court.

    DEF. CROOK WILSON CONCEALED DELIBERATE DEPRIVATIONS,

    FLORIDA CONSTITUTION, 1st, 14

    th, 7

    th, 4

    th, 5

    thU.S. CONST. AMEND.

    21. Article I, s. 9, Fla. Const., states that"[n]o person shall be deprived of . . . property without due process of law . . . ."

    Art. I, s. 2, Fla. Const. states that"[a]ll natural persons are equal before the law . . . ."

    Art. I, s. 10, Fla. Const., states that"No . . . law impairing the obligation of contracts shall be passed ."

    Here, the Plaintiffs had the fundamental equal rights to own their Lot 15A, Cayo Costa,and exclude Defendant Governments from their riparian Gulf-front street and uplands, PB 3PG 25, U.S. Constitutional Amendments. The Plaintiff record real property tax payers, Lot15A, and title holders were entitled to defend theirperfected unencumbered marketablerecord title against Defendant Officials racketeering, extortion, retaliation, deliberatedeprivations, and obstruction of justice underfraudulent pretenses and color of office.

    EXTENSION OF RECORD EXTORTION, FRAUD, DELIBERATE DEPRIVATIONS

    22. Defendants facially frivolous allegations of said sham land parcels werea. Legally incomprehensible;b. NOT any valid defense orgenuineclaim;c. Forcriminalpurposes of, e.g., racketeering, retaliation, extortion, and fraud;d. Controverted by the Lee County Real Property Grantor/Grantee Index.e. Prohibited under

    DEF. WILSONS IDIOTIC, ARBITRARY, AND CAPRICIOUS report, DOC. # 6723. Like a bungling Government idiot, Def. Wilson rambled incomprehensibly:

    The property may have been taken over by Lee County in some way. Id., p.Florida law does not recognize take over by Government.

    24. Any involuntary alienation of property in Florida is strictly and necessarily a judicialfunction and must follow due judicial process, Chapters 73, 74, 95, Fla. Stat. Here, no judge

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    had everorderedany title transfer, Lot 15A, against the Plaintiffs will. Here, no eminentdomain oradverse possession judgmentordocumenthad everexisted.

    AMBIGUOUS AND VAGUE JUDICIAL TRASH, DOC. # 67, P. 2:

    GUESSING GOVERNMENT CROOK THOMAS G. WILSON

    25. On the public record, Doc. # 67, Defendant Wilson asserted his guessing game and judicialcharade:

    I guess something was appealed Id., p. 2.

    PLAYING DUMB & DUMBER: DEFENDANT IDIOT THOMAS G. WILSON

    Upon reading of the complaint, I have no concrete idea what happened. Id., p. 3.

    Other defendants had something to do with the record of title to the property. Id., p. 2.

    Here is all that I could get out of it. Id.

    Here, Def. Government idiot T. G. Wilson played so dumb that he confused, e.g.:a. Causes of action;b. Claims for relief;c. Parties;d. Actions.

    26. Here, the Plaintiffrecord owners and holders ofindisputable Warranty Deed, Lot 15A, canonly live in furtherfear ofinjury from, e.g., said publicly recorded judiciala. Corruption;b. Idiocy;c. Ignorance;d. Irrationality;e. Recklessness.

    FRAUDULENT CONCEALMENT OF U.S.A. Ex Rel. et al. v. U.S.A. et al.

    27. In their independent action for relief from, e.g., extrinsic fraud, fraud on the Court,racketeering, retaliation, extortion, obstruction of justice, the Plaintiff record owners of Lot15A attacked the prima facie nullity, illegality, and criminality of judicial determinationsregarding the record ownership of private land fraudulently claimed as public land underfacially false and deceptive pretenses of fake law and/or resolution, scam O.R.569/875. See U.S.A. Ex Rel. et al. v. U.S.A. et al., 1:10-cv-321-JL, U.S. District Court,District of New Hampshire.

    28. Here, Def. Wilson concealed the most elementary legal principle that any involuntaryalienation could not have possibly been a legislative function, and that the fraudulent land-transfer-by-resolution-scam was a hoax and extortion scheme

    DEF. WILSON CONSPIRED TO CONCEAL FAKED frivolous appeal motion:WILSON KNEW THAT WILKINSON ADMITTEDLY DID NOT file Rule 38 motion

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    29. Here admittedly, Defendant Kenneth M. Wilkinson, Crooked Lee County PropertyAppraiser, had filed a Motion for Sanctions pursuant to Eleventh Circuit Rule 27-4.Here, Defendant Crooked Magistrate Wilson knew, fraudulently concealed, and conspiredwith other Government Agents to conceal that Def. Wilkinson did not file a Rule 38 orfrivolous appeal motion:

    DEFENDANT WILKINSON FILED RULE 27-4motion [frivolous motion], DOC. # 386

    See Doc. # 386, 11/30/2009, p. 2, Case 2:2007-cv-00228.

    DEFENDANTS CONSPIRED TO grant FAKE rule 38 motion30. In the record absence of a rule 38 motion, the Defendant U.S. Appellate Court Judges,

    11th

    Circuit, conspired with other Defendant Officials to fake and grant a non-existentrule 38 motion, which they knew Defendant Wilkinson had admittedlynotfiled.

    See Doc. # 386-4, 11/30/2009, p. 1 of 2, Case 2:2007-cv-00228.