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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA


FORT MYERS DIVISION

DR. JORG BUSSE,


Plaintiff [-Appellant],

KENNETH M. ROESCH, J.R., et al.,


Plaintiffs,

versus Case # 2:2007-cv-228-FtM-JES-SPC

LEE COUNTY, FLORIDA, et al.,


Defendants.

NOTICE OF APPEAL, RACKETEERING,


AND ORGANIZED GOVERNMENT CRIMES
__________________________________________________________________________/

NOTICE OF APPEAL FROM FRAUDULENT “order(s)”, DOC. ## 434, 435, 424, AND

RACKETEERING, EXTORTION, RETALIATION, OBSTRUCTION OF JUSTICE, AND

ANY AND ALL NULL & VOID “orders” BY DEF. J. E. STEELE & S. P. CHAPPELL,

AND FALSIFIED “writ of execution”, DOC. ## 425, 424, 434, 435, 433, 430

EMERGENCY MOTION TO ENJOIN FRAUD ON COURT, DOC. ## 435, 434, 424, 425

EMERGENCY MOTION TO ENJOIN “sale of real property”


WHICH GOVERNMENT HAD FRAUDULENTLY “claimed” TO “own”
UNDER COLOR OF FORGED “land parcel” “12-44-20-01-00000.00A0”, AND
FACIALLY FORGED “O.R. 569/875” & FAKE “legislative act/resolution/regulation”

DIRECT INDEPENDENT ATTACK ON ORGANIZED GOVERNMENT CRIMES:

UNITED STATES OF AMERICA, Ex Rel. et al. v. UNITED STATES OF AMERICA et al.

DEF. JOHN E. STEELE OBSTRUCTED JUSTICE & PERVERTED FLORIDA LAW

1. A judgment, order, or decree does NOT become a lien on real property unless the address of

the person who has a lien as a result of such judgment, order, or decree is contained in the
judgment, order, or decree or an affidavit with such address is simultaneously recorded with

the judgment, order, or decree, § 55.10, Florida Statutes.

PUBLICLY RECORDED NOTICES OF ORGANIZED JUDICIAL CRIMES

2. Multiple publicly recorded NOTICES, and NOTICES OF APPEAL such as, e.g., Doc. ##

427, 428, had given this Court repeated notice and conclusive proof of, e.g., publicly

recorded organized Government and judicial crimes, racketeering, extortion,

retaliation, obstruction of justice, bribery, and corruption.

PATTERN, POLICY, AND CUSTOM OF ORGANIZED CRIME & CORRUPTION

3. However, this Court and the U.S. Court of Appeals for the 11th Circuit only intensified their

publicly recorded retaliation, obstruction of justice, oppression, racketeering, and

extortion. See, e.g., Doc. ## 435, 434, 425, 426. Said Courts are operating just like crime

organizations. Public records and conclusive record evidence mean absolutely nothing.

Silencing, shutting up, threatening, intimidating, punishing, and sanctioning

whistleblowers such as here, e.g., the Plaintiff Appellant Dr. Jorg Busse are the policy,

custom, and pattern of said corrupt Courts.

DEF. JOHN E. STEELE EXTENDED EXTORTION & RACKETEERING SCHEME

4. Here, there had been NO judgment in the falsified amount of “$5,000.00” and/or

“$5,048.60”. Here, there had been NO “July 29, 2009” judgment, order, or decree. Here,

there had only been a final mandate and money judgment for “copies” under Rule 39,

Fed.R.App.P., in the amount of $24.30, Doc. # 365. Here, Dr. Jorg Busse had paid the

$24.30 for the “copies” to Defendant Appellee K. M. Wilkinson. Therefore here, Defendant

Racketeer Kenneth M. Wilkinson had NO lien, and the “motion for entry of order directing

public sale of real property”, Doc. # 432, was a prima facie racketeering, extortion, and

fraud scheme of record, civil RICO provisions.

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DEF. STEELE CONCEALED PERJURY & GOVERNMENT EXTORTION SCHEME

5. Here, Defendant Steele fraudulently concealed that the fraudulent “Affidavit” by Def. Jack

N. Peterson had falsified a fake “July 29, 2009” “judgment” “in Docket 08-13170-BB”.

6. Here, CASE No. 2008-13170-BB had been CLOSED on 06/11/2009. See said Case Docket.

7. Here, Defendant Steele fraudulently concealed that NOTHING could have possibly

“become a lien on real property” and/or on Plaintiff(s)’ riparian Parcel, S-T-R-A-P # 12-44-

20-01-00015.015A, PB 3 PG 25 (1912) pursuant to § 55.10, Florida Statutes.

PUBLICLY RECORDED LACK OF ANY “lien” and “writ of execution”

8. Here, Defendant Appellee Forger and Racketeer K. M. Wilkinson

a. NEVER had any lien;

b. NEVER was the holder of said forged judgment.

9. Here, Defendant Steele fraudulently concealed that the facially fraudulent “writ of

execution”, Doc. # 425:

a. Was a prima facie extortion and racketeering scheme;

b. Perverted $24.30 into the falsified amount of “5,048.60”;

c. Had NOT been witnessed by any U.S. Judge.

10. Plaintiff Dr. Jorg Busse had asserted and conclusively proven in his Third Amended

Complaint, Doc. ## 282, 288:

“24. Without title evidence in the public Grantor/Grantee Index, Defendant [Kenneth
M. Wilkinson; Property Appraiser] conspired to concoct un-platted lot A (Property
I.D. 12-44-20-01-00000.00A0), block 1 (Property I.D. 07-44-21-01-00001.0000), and
park.” Id., p. 24. See attached Exhibits, USA, Ex Rel. et al. v. USA et al.

CONSPIRACY TO PERVERT & CORRUPT FLORIDA LAW & OFFICIAL RECORDS

11. Defendant Crooked Judge Steele conspired with other Judges, Defendants, and Officials to

pervert official records, documents, and Florida law. Here, e.g., s. 55.10, Fla. Stat. stated:

“55.10 Judgments, orders, and decrees; lien of all, generally; extension of


liens; transfer of liens to other security.--

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(1) A judgment, order, or decree becomes a lien on real property in any county
when a certified copy of it is recorded in the official records or judgment lien
record of the county, whichever is maintained at the time of recordation, provided
that the judgment, order, or decree contains the address of the person who has a
lien as a result of such judgment, order, or decree or a separate affidavit is
recorded simultaneously with the judgment, order, or decree stating the address
of the person who has a lien as a result of such judgment, order, or decree. A
judgment, order, or decree does not become a lien on real property unless the
address of the person who has a lien as a result of such judgment, order, or decree
is contained in the judgment, order, or decree or an affidavit with such address is
simultaneously recorded with the judgment, order, or decree.”
FRAUDULENT PRETENSES AND OBSTRUCTION OF JUSTICE & FILINGS

12. Defendant Corrupt U.S. Judge John Edwin Steele fraudulently pretended, Doc. # 434:

“This matter comes before the Court on review of defendant’s Motion for Entry of
Order Directing Public Sale of Real Property (Doc. # 432) filed on May 21, 2010. No
response has been filed and the time to respond has expired. Upon review, the Court
desires a response from plaintiff.”

Here over and over again, Plaintiff Dr. Jorg Busse and Jennifer Franklin Prescott had

“filed”, e.g., multiple “responses”, court actions, appeals to directly attack, defend

against, and expose Defendant Crooked U.S. Judge John E. Steele’s publicly recorded:

a. Racketeering;
b. Extortion;
c. Obstruction of justice;
d. Deliberate deprivations;
e. Acceptance of bribes;
f. Fraud upon the State and Federal Courts;
g. Destruction and alteration of Court records;
h. Corruption.

See attached Exhibit of UNITED STATES OF AMERICA Ex Rel. et al. v. UNITED

STATES et al., as filed in U.S. District Court.

DEF. STEELE’S RECKLESS DECEPTION AND FRAUD ON THE COURT

13. Def. Steele recklessly deceived the Court, because he disallowed the Plaintiffs to “respond”

and then fraudulently pretended that the Plaintiffs had purportedly not responded. However

as a matter of record, the Plaintiffs had published conclusive evidence of their filed

“responses” worldwide. Here, more than one Million readers had read the “responses”,

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which Def. Crook Steele had destroyed, altered, and rejected, and caused others to

destroy, alter, and reject. See, e.g., Google and YouTube.

DEF. STEELE OBSTRUCTED PLAINTIFFS’ COURT ACCESS – FRAUD ON COURT

14. As part of a criminal organization, Def. Steele fabricated and conspired to fabricate a

publicly recorded “card house of judicial shit”:

“In this regard, some of the allegations in the Third Amended Complaint are
contradicted by the resolution which is attached to it. The copy of the Resolution
attached to the Third Amended Complaint establishes that it was signed, executed,
and duly recorded in the public records, and plaintiff will not be allowed to assert
otherwise.” See Doc. # 338, p. 12.

Here, no authentic genuine “resolution” was “attached to the Third Amended Complaint”,

Doc. ## 288, 282. Pursuant to Fed.R.Civ.P. 44, there was a lack of any publicly recorded

“resolution”. No genuine resolution had ever legally existed; none had ever been legally

recorded.

Here by not allowing the Plaintiffs to assert otherwise, Def. Steele recklessly deprived the

Plaintiffs of any opportunity of justice. Here, Def. Criminal Steele perpetrated fraud on the

Court, covered up, and concealed Government crimes.

Just like other crime organizations, Steele relied on silencing his opponents, retaliation,

intimidation, and injury.

15. In “the Third Amended Complaint”, the Plaintiff(s) had “asserted” and conclusively proven,

e.g., the:

a. Prima facie illegality of the fictitious “resolution”, “O.R. 569/875”;


b. Prima facie nullity of the fake “resolution”;
c. Prima facie criminality of the falsified “resolution”.

16. Only a “court judgment” could have possibly transferred title to Government and/or Lee
County. Here on its face, the facially forged “resolution” was
a. Not any court judgment;
b. Not any muniment of title;
c. Not any genuine instrument:
d. Not any conveyance;
e. Not authentic.
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RACKETEERING, EXTORTION, DECEPTION, AND FRAUD ON THE COURT

17. Therefore, any “resolution” – forged or genuine – would have been, and could have only

been, entirely irrelevant, immaterial to any involuntary title transfer, because only a court

judgment could have possibly divested the Plaintiffs of their private riparian street easement

and street land on the Gulf, PB 3 PG 25 (1912), against their will.

DEF. CROOK STEELE HAD NO AUTHORITY TO SILENCE THE PLAINTIFFS

18. Here in exchange for bribes, Def. Criminal Steele perverted supreme law and “disallowed“

the Plaintiffs to assert the truth and public record evidence without which any justice was

absolutely impossible.

19. The Plaintiff(s) do not submit to said Criminal on the bench just like they would not submit

to a Roman Catholic priest demanding to fuck the Plaintiff(s) in the ass. Here, the Plaintiffs

defended against organized Government crimes & sodomy and sued Defendant Racketeer J.

E. Steele in Federal Court.

20. Here on the record, Def. Crook Steele adopted the policies and custom of crime

organizations such as, e.g., silencing opponents, retaliation, intimidation, racketeering,

extortion, and injury.

DEF. RACKETEER STEELE’S FACIALLY IDIOTIC & ILLEGAL “order”, DOC. # 434

21. No intelligent, rational, fit, and reasonable judge and/or person in Def. Crooked Judge

Steele’s shoes could have possibly allowed the fake “writ of execution”, Doc. # 425, and the

facially fraudulent “public sale” motion, Doc. # 432.

22. Any enforcement of a non-existent “judgment” against Dr. Busse by “public sale” of said

adjoining riparian street land and private implied street easement on the Gulf of Mexico

would have been absolutely impossible, if the record title had been in the name of

“Government” and/or Lee County.

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23. “Publicly selling” the very riparian street land and private Gulf-front street easement, PB

3 PG 25 (1912), which Lee County had fraudulently “claimed” to “own” [but never did and

could not possibly have owned as a matter of law] further exposed and conclusively proved

the prima facie idiotic and criminal mind of Def. Racketeer John Edwin Steele.

Emboldened by absolute power and public corruption, Def. Steele continued his record

“Government shit flies-policy”, Doc. # 434.

IDIDOCY & IMPOSSIBILITY OF “public sale of real property”

24. One of the legal issues had been Plaintiff(s)’ unimpeachable record ownership of the

platted riparian street land and implied private street easement adjoining Plaintiffs’ upland on

the Gulf of Mexico, S-T-R-A-P 12-44-20-01-00015.015A (Lot 15A, Cayo Costa) as legally

described and perfectly conveyed to Plaintiff Dr. Busse and J. Franklin Prescott in reference

to the 1912 Plat of Survey of the private undedicated “Cayo Costa” Subdivision in Lee

County Plat Book 3, Page 25. See Plaintiffs’ WARRANTY DEED, Lee County

INSTRUMENT # 2010000171344, which expressly stated the extent of Plaintiff(s)’

conveyance; see PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th

Circuit Apr. 21, 2009).

FOR BRIBES, DEF. STEELE MADE A MOCKERY OF THE PROCEEDINGS

25. Here as a matter of law, “Public Sale of Real Property”, which Def. Steele had

fraudulently pretended to have been “claimed” by Lee County was absolutely impossible.

Here, Def. Steele made a fool of himself, because that which had been “claimed” by

Government could not be simultaneously “publicly sold”.

BRAZEN FABRICATIONS AND FALSIFICATION OF PUBLIC RECORD

26. Here in his fraudulent “opinion and order”, Doc. # 338, Steele brazenly fabricated and

falsified “Government ownership” without any evidentiary support whatsoever. Def. Steele

knew that “those [fake] lots” had never been “owned by government”, which had been the
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very issue for the Court’s review. Here, “12-44-20-01-00000.00A0” and “07-44-20-01-

00001.0000” were prima facie fake “land parcels”, which Defendants Steele and Sheri

Polster Chappell could not find on the 1912 Cayo Costa Plat, PB 3 PG 25, because they had

been forged by Defendant Kenneth M. Wilkinson. See Transcript of November 2007

Hearing before Def. Crooked Judge Polster Chappell.

DEF. CRIMINAL STEELE IN CRIMINAL JUDICIAL ORGANIZATION

27. As a Criminal in this Crime Organization of record, Def. Steele extended the

racketeering and retaliation scheme.

“Third Amended Complaint states that defendants have taken over 200 acres
pursuant to the Resolution, far in excess of his 2.5 acres. The only assertion of
disparate treatment is for those lots owned by government, which plaintiff alleges
did not have their rights taken. However, a private owner such as plaintiff can not be
compared to a public owner such as a government unit. Therefore, no equal
protection claim is stated, and such claims will be dismissed without prejudice.”
See Doc. # 338, p. 13.

28. Here in essence, the scheme was:

“Plaintiffs will not be allowed to assert” “those [fake] lots owned by Government”,
which nobody can find on the Cayo Costa Plat. Plaintiffs will not be allowed to assert
the public record evidence of the non-existence and forgery of said fake “lots”.
Therefore, the case is dismissed and fixed in exchange for bribes.

29. By criminal means of fake “land parcels”, and a fake “resolution”, Defendant Governments

and Officials extorted, defrauded, deprived, and treated the Plaintiffs disparately, while

the Plaintiffs were never even allowed to assert the conclusive record evidence and truth.

Here, there was fraud on the Court, and any and all of Def. Steele’s “orders” were null and

void ab initio.

30. Pleading, e.g., fraud, conspiracy to defraud, deprivations, conspiracy to deprive, forgery

of “land parcels”, and extortion were remedies available in Florida and Federal Courts. See

Doc. ## 288, 282, “Third Amended Complaint”.

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31. Just like a bungling Government idiot, Defendant Steele concealed and conspired with

other Officials to conceal that, e.g.:

a. Plaintiff(s)’ perfect record title to their adjoining street land never transferred to Lee
County, FL;
b. Plaintiff(s)’ unimpeachable record title could not have possibly transferred under any
existing law or modification thereof, Fed.R.Civ.P. 11;
c. Lee County’s sham “claims” were facially fraudulent and frivolous “claims” for
criminal and illegal purposes of racketeering, retaliation, extortion of money
($5,048.60) and land, and illegal “sale of real property”, Doc. # 434;
d. Lee County never “claimed” and could not have possibly claimed Plaintiff(s)’ street land
under any law;
e. The law did not recognize Lee County’s racketeering & extortion scheme “O.R.
569/875”.

See Chapters 73, 74 (Eminent Domain); 95 (Adverse Possession); 712 (Florida’s self-

enforcing Marketable Record Title Act), Fla. Stat.; Florida’s express Const. Guarantees of

fundamental rights to own real property and exclude Government without, e.g.,

retaliation, extortion, racketeering, oppression, bribery, and public corruption.

32. Because Def. Steele is part of a criminal organization, Def. Steele retaliated and silenced

the Plaintiff(s) in said idiotic, arbitrary, capricious, and malicious manner of public record. In

particular, Steele shut up the Plaintiffs by calling them names such as, e.g., “vexatious”.

33. Only if Plaintiffs’ unimpeachable record title to said riparian street land and private riparian

street easement had never transferred from the Plaintiffs to Lee County and/or Government,

could there possibly be any “public sale” of said private riparian street easement and land

“on the Gulf of Mexico”. See PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395,

396-97 (11th Circuit Apr. 21, 2009). Here for bribes, and under color of authority, sanctions

and punishment, Def. Steele retaliated and called the Plaintiffs names such as, e.g.,

“vexatious”.

34. Because pursuant to their publicly recorded Warranty Deed, the Plaintiff(s) were the

exclusive record owners and title holders of said street land and private street easement on

the Gulf of Mexico, PB 3 PG 25 (1912), Lee County’s facially criminal and illegal “claims”
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of a “regulation”, “resolution”, “O.R. 569/875”, fake “land parcels”, et al. had been a prima

facie extortion and racketeering scheme. See UNITED STATES OF AMERICA Ex Rel. et

al. v. UNITED STATES et al.

DEF. JOHN E. STEELE’S FRAUDULENT CONCEALMENT AND COVER-UP

35. Under publicly recorded fraudulent pretenses of, e.g., “frivolity”, “vexatiousness”,

“sanctionability”, “lack of jurisdiction”, “ripeness requirements”, et al., Def. Steele covered

up and fraudulently concealed the recorded Government pattern and policy of, e.g.:

a. Racketeering;
b. Extorting “under color of” a fake “July 29, 2009 judgment”;
c. Extorting “under color of” a non-existent “$5,048.60 judgment”;
d. Extorting & defrauding “under color of” fake “land parcels” which could not be found;
e. Extorting & defrauding “under color of” prima facie scam “O.R. 569/875”;
f. Perverting a final “$24.30” money judgment & mandate into a fake “writ of
execution”, Doc. # 425.

DEF. STEELE CONCEALED DEFENDANT’S CRIMINAL AND ILLEGAL MOTION,


DOC. # 432
36. Def. Steele fraudulently concealed the prima facie criminality and illegality of Doc. #
432: Here, no genuine “$5,048.60” and/or $5,000.00 money mandate” had ever existed,
because, e.g.:
a. The 11th Circuit had lost jurisdiction on 06/11/2009;
b. The only and final mandate was in the amount of “$24.30”, Doc. # 365;
c. Def. Appellee Wilkinson had never filed any Rule 38 motion;
d. The $24.30 money judgment pursuant to Rule 39, Fed.R.App.P., had become final on
June 15, 2009, Doc. # 365;
e. No Bill of Costs for “$5,000.00” and/or “$5,048.60” had ever existed or could have
possibly existed. See FED.R.CIV.P. 54; 28 U.S.C. 1921-1928; FRAP 39: LOCAL RULE
4.18:
“LOCAL RULE 4.18 APPLICATIONS FOR COSTS OR ATTORNEY'S FEES
(a) In accordance with Fed. R. Civ. P. 54, all claims for costs or attorney's fees
preserved by appropriate pleading or pretrial stipulation shall be asserted by separate
motion or petition filed not later than fourteen (14) days following the entry of
judgment. The pendency of an appeal from the judgment shall not postpone the filing
of a timely application pursuant to this rule.”

J. E. STEELE & B. B. MARTIN FABRICATED “writ of execution”, DOC. # 425, 434, 435

37. In the recorded presence of a final “$24.30” money judgment issued as mandate on

06/11/2009 for costs of Appellees’ copies, Doc. # 365, and in the record absence of any

“$5,048.60 judgment”, Def. Steele knew and fraudulently concealed that the fake “writ of
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execution”, Doc. # 425, had been falsified and was null and void. On its very face, no U.S.

judge and no witness had appeared on the falsified “writ”, Doc. # 425.

CONSPIRACY TO COVER UP AND CONCEAL GOVERNMENT CRIMES

38. Def. Steele conspired with other Government Officials and Defendants to cover up and

fraudulently conceal the prima facie criminality, illegality, and nullity of, e.g.:

a. Fake “$5,048.60 judgment”;


b. Fake “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”;
c. Fake “land claim” “O.R. 569/875”;
d. Fake “resolution”, fake “resolution 569/875”;
e. Fake “regulation”, fake “land use regulation”;
f. Fake “regulatory taking” in the recorded absence of any “regulation”;
g. Fake “inverse condemnation” while Plaintiffs objected to and defended against any
involuntary title transfer to Lee County;
h. Fake “eminent domain” claims in the record absence of any condemnation proceedings.

39. Here, Government and judicial racketeering, extortion, obstruction of justice & court

access, bribery, public corruption, fraud, and deliberate deprivations did not, and could

not possibly, involuntarily divest the Plaintiff(s) of their record title to riparian Parcel “12-44-

20-01-00015.015A” on the Gulf of Mexico.

§ 55.10 REQUIRED A JUDGMENT - NO LIEN ON PROPERTY

40. Under Florida law, a non-existent judgment did not become, and could not have possibly

become a lien on real property. Here, section 55.10 could not have possibly applied to a

non-existent “mandate”. Here, the final mandate of $24.30” for “copies”, Doc. # 365, had

been paid. See Affidavits on file. Furthermore here, Defendant Steele fraudulently

concealed that

“A judgment, order, or decree does not become a lien on real property unless the
address of the person who has a lien as a result of such judgment, order, or decree is
contained in the judgment, order, or decree …” See Ch. 55, Florida Statutes.

Here, judicial Defendants knew and fraudulently concealed that there could not have

possibly been any lien on real property and/or on Plaintiffs’ property.

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OBSTRUCTION OF JUSTICE, BRIBERY, AND RACKETEERING

41. In exchange for bribes, Defendant Racketeer John E. Steele silenced the Plaintiffs and kept

them away from the Court:

a. Disallowed the Plaintiffs to assert the truth and conclusive public record evidence;
b. Removed Plaintiffs’ State action to Federal Court;
c. Removed and destroyed Plaintiffs’ State Court records;
d. Unlawfully sanctioned and punished the Plaintiffs;
e. Arbitrarily & capriciously denied the Plaintiffs equal electronic court access;
f. Illegally enjoined the Plaintiffs from filing their pleadings;
g. Rejected Plaintiffs’ pleadings;
h. Caused the Def. Clerk to alter and destroy Court records and crime evidence;
i. Retaliated against the Plaintiffs;
j. Caused the Def. U.S. Marshal to threaten, intimidate, and harass the Plaintiffs.

CONSPIRACY TO OBSTRUCT JUSTICE & PERPETRATE FRAUD ON THE COURTS


42. Defendant John Edwin Steele conspired with, e.g., Defendant Crooked U.S. Judge Charlene
E. Honeywell and other Officials to shut up the Plaintiffs by criminal and illegal means of,
e.g.:

a. Enjoining Plaintiffs from filing their pleadings [“Pre-filing injunction”];


b. Destroying Plaintiffs’ pleadings
c. Rejecting Plaintiffs’ pleadings;
d. Falsifying a “regulation”;
e. Fabricating “law”;
f. Concocting a fictitious involuntary title transfer to Lee County absent any court
judgment.
FINAL 06/11/2009 MANDATE

43. The 11th Circuit decided Case 2008-13170-BB by opinion entered on “03/05/2009”. On

06/11/2009, the Defendant Clerk of said Appellate Court filed the mandate, which consisted

of a copy of the opinion and a judgment that had been drafted and signed by a Clerk of said

Court, and directions as to costs in the amount of $24.30. See Fed.R.App.P. 41.

44. The Clerk of the Court signed her name on a copy of the judgment, which was stamped

"ISSUED AS MANDATE 06/11/2009" and CLOSED SAID CASE on 06/11/2009.

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