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Case 2:10-cv-00390-JES-SPC Document 9 Filed 06/30/10 Page 1 of 3
Plaintiffs,
Defendants.
_____________________________________/
ORDER
This matter comes before the Court because the undersigned is a named Defendant to these
proceedings. Under 28 U.S.C. § 455(a), “[a]ny justice, judge, or magistrate judge of the United
States shall disqualify himself in any proceeding in which his impartiality might reasonably be
questioned.” Any doubt “must be resolved in favor of recusal.” See Murray v. Scott, 253 F.3d
1308, 1310 (11th Cir. 2001). When considering recusal, the potential conflict must be considered
as it applies to the entire case. Id. at 1310-11. A judge contemplating recusal should not ask
whether he or she believes he or she is capable of impartially presiding over the case but whether
“[the judge’s] impartiality might reasonably be questioned.” Parker v. Connors Steel Co., 855 F.2d
1510, 1524 (11th Cir. 1988). However, a judge has as strong a duty to sit when there is no
legitimate reason to recuse as she does to recuse when the law and facts require. United States vs.
Malmsberry, 222 F. Supp. 2d 1345 (11th Cir. 2002) (citing United States vs. Greenspan, 26 F.3d
Section 28 U.S.C. § 455(b) spells out certain situations in which partiality is presumed and
recusal is required.1 After reviewing the explicitly enumerated conflicts of interest in which recusal
is mandatory under section 455(b), the Court finds that because the undersigned is a party to these
Accordingly, it is now
ORDERED:
The undersigned hereby disqualifies herself from these proceedings, pursuant to 28 U.S.C.
§ 455(b)(5)(i).
DONE AND ORDERED at Fort Myers, Florida, this 29th day of June, 2010.
1
Subsection 455 (b)(1) requires a judge to disqualify himself “[w]here he
has a personal bias or prejudice concerning a party, or personal knowledge of
disputed evidentiary facts concerning the proceeding.”; 455 (b)(2): “[w]here in
private practice [the judge] served as a lawyer in the matter in controversy, or
a lawyer with whom he previously practiced law served during such association as
a lawyer concerning the matter, or the judge or such lawyer has been a material
witness concerning it.”; 455 (b)(3): where the judge “served in governmental
employment and in such capacity participated as counsel, adviser or material
witness concerning the proceeding or expressed an opinion concerning the merits
of the particular case in controversy.”; 455(b)(4): where a judge “knows that he,
individually or as a fiduciary, or his spouse or minor child residing in his
household, has a financial interest in the subject matter in controversy or in
a party to the proceeding, or any other interest that could be substantially
affected by the outcome of the proceeding.”; or 455(b)(5)(i): “[w]here he or his
spouse, or a person within the third degree of relationship to either of them,
or the spouse of such a person... [i]s party to the proceeding, or an officer,
director, or trustee of a party.”; 455(b)(5)(ii): where the judge “or his spouse,
or a person within the third degree of relationship to either of them, or the
spouse of such a person... is acting as a lawyer in the proceeding.”
-2-
“DESCRIPTION”
OF HORSESHIT:
Case 2:10-cv-00089-CEH-TGW Document 8 Filed 05/04/10 Page 1 of 2
Plaintiffs,
Defendants.
___________________________________
ORDER OF RECUSAL
Accordingly, it is now
ORDERED:
shall reassign the case to the next available District Judge and
May, 2010.
Copies:
Hon. Chief Judge Anne Conway
Hon. Charlene Edwards Honeywell
Hon. Douglas N. Frazier
Hon. Sheri Polster Chappell
Counsel of record
Unrepresented parties
Intake
D. Heathcoat
J. Lyublanovits
MAGCD
DCCD
-2-
6/30/2010 Electronic Case Filing | U.S. District Co…
U.S. District Court
Middle District of Florida (Ft. Myers)
CIVIL DOCKET FOR CASE #: 2:10-cv-00390-JES-SPC
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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http://www.reportpubliccorruption.org/
http://www.scribd.com/Judicial_Fraud
http://www.scribd.com/JudicialFraud
http://www.scribd.com/Judicial_Fraud
http://www.scribd.com/JudicialFraud
http://www.reportpubliccorruption.org/
6/30/2010 Electronic Case Filing | U.S. District Co…
APPEAL
Plaintiff
Jennifer Franklin Prescott represented by Jennifer Franklin Prescott
P.O. Box 845
Palm Beach, FL 33480
PRO SE
Plaintiff
Jorg Busse represented by Jorg Busse
P.O. Box 11124
Naples, Fl 34101-11124
239/595-7074
PRO SE
V.
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Defendant
Roger Alejo represented by Jack Neil Peterson
Lee County Attorney's Office
2115 Second St
PO Box 398
Ft Myers, FL 33902
239/533-2236
Fax: 239/485-2118
Email: peterj@leegov.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Kenneth M. Wilkinson represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Jack N. Peterson represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Roger Desjarlais represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Lee County Florida represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Lee County Value Adjustment Board
Defendant
Lori L. Rutland
Defendant
State of Florida, Board of Trustees of
the Internal Improvement Trust Fund
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Defendant
State of Florida, Department of
Environmental
Protection
Defendant
Chad Lach
Defendant
Reagan Kathleen Russell
Defendant
Karen B. Hawes represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Charlie Green represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Bob Janes represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Brian Bigelow represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Ray Judah represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Tammy Hall represented by Jack Neil Peterson
(See above for address)
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LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Frank Mann represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
United States Attorney(s) represented by Jennifer Waugh Corinis
United States Attorney
400 North Tampa Street
Suite 3200
Tampa, Fl 33602
813/274-6310
Fax: 813/274-6200
Email: jennifer.corinis@usdoj.gov
TERMINATED: 05/12/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Steven A. Nisbet
US Attorney's Office - FLM
Suite 3200
400 N Tampa St
Tampa, FL 33602
813/274-6333
Fax: 813/274-6198
Email: steven.nisbet@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Sean P. Flynn represented by Jennifer Waugh Corinis
(See above for address)
TERMINATED: 05/12/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Steven A. Nisbet
US Attorney's Office - FLM*
Suite 3200
400 N Tampa St
Tampa, FL 33602
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813/274-6333
Fax: 813/274-6198
Email: steven.nisbet@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
E. Kenneth Stegeby represented by Jennifer Waugh Corinis
(See above for address)
TERMINATED: 05/12/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Steven A. Nisbet
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
David P. Rhodes represented by Jennifer Waugh Corinis
(See above for address)
TERMINATED: 05/12/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Steven A. Nisbet
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
A. Brian Albritton represented by Jennifer Waugh Corinis
(See above for address)
TERMINATED: 05/12/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Steven A. Nisbet
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Cynthia A. Pivacek represented by Gerald D. Siebens
Office of the Attorney General
ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p… 5/8
6/30/2010 Electronic Case Filing | U.S. District Co…
Suite 1100
501 E Kennedy Blvd
Tampa, FL 33602-5242
813/233-2880
Fax: 813/233-2886
Email: gerald.siebens@myfloridalegal.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Johnson Engineering, Inc. represented by Clifford Gorman
Clifford Gorman, LLC
450 N.E. 2nd Avenue
Fort Lauderdale, FL 33301-3270
954/467-9100
Fax: 954/467-9797
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Steven Carta
Defendant
Mike Scott represented by John W. Lewis
Henderson, Franklin, Starnes & Holt, PA
1715 Monroe St
PO Box 280
Ft Myers, FL 33902-0280
239/344-1120
Fax: 239/344-1200
Email: John.lewis@henlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Hugh D. Hayes represented by Gerald D. Siebens
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Gerald D. Siebens
Defendant
State of Florida Attorney General
ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p… 6/8
6/30/2010 Electronic Case Filing | U.S. District Co…
Defendant
William M. Martin
Defendant
Peterson Bernard
Defendant
Skip Quillen
Defendant
Tom Gilbertson
Defendant
Charles Barry Stevens
ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p… 7/8
6/30/2010 Electronic Case Filing | U.S. District Co…
PACER Service Center
Transaction Receipt
06/30/2010 12:31:44
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DISGRACED JUDGES
BLOG
http://disgracedjudges.blogspot.com/
http://www.leeclerk.org/OR/ShowDetai
ls.aspx?id=9507087&direct=1
http://www.scribd.com/Judicial_Fraud
http://www.scribd.com/JudicialFraud
SUSAN H. BLACK
CASE FIXER
TH
11 APPELLATE CIRCUIT
http://susanhblack.blogspot.com/
http://www.scribd.com/Judicial_Fraud
http://www.scribd.com/JudicialFraud
Faces of 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” “00001”ever 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”:
6/30/2010 Electronic Case Filing | U.S. District Co…
INTAPP
Plaintiff
Jorg Busse represented by Jorg Busse
Suite 2200
C/O Legal and Consular Department
100 N. Biscayne Blvd.
Miami, Fl 33132
239/595-7074
PRO SE
Plaintiff
Jennifer Franklin Prescott represented by Jennifer Franklin Prescott
P.O. Box 845
Palm Beach, FL 33480
PRO SE
V.
Defendant
John Edwin Steele
Defendant
Sheri Polster Chappell
Defendant
Roger Alejo
Defendant
Kenneth M. Wilkinson represented by Jack Neil Peterson
Lee County Attorney's Office
2115 Second St
PO Box 398
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6/30/2010 Electronic Case Filing | U.S. District Co…
Ft Myers, FL 33902
239/533-2236
Fax: 239/485-2118
Email: peterj@leegov.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Jack N. Peterson
Defendant
Gerald Bard Tjoflat
Defendant
Richard Jessup
Defendant
Judge Birch
Defendant
Judge Dubina
Defendant
Richard A. Lazzara
Defendant
Charlie Crist
Defendant
Lee County Value Adjustment Board
Defendant
Lori Rutland
Defendant
Executive Title Co.
Defendant
Johnson Engineering, Inc. represented by Clifford Gorman
Clifford Gorman, LLC
450 N.E. 2nd Avenue
Fort Lauderdale, FL 33301-3270
954/467-9100
Fax: 954/467-9797
LEAD ATTORNEY
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6/30/2010 Electronic Case Filing | U.S. District Co…
ATTORNEY TO BE NOTICED
ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p… 3/5
6/30/2010 Electronic Case Filing | U.S. District Co…
05/04/2010 9 Case Reassigned to Judge Charlene E. Honeywell. New case number: 2:10-cv-89-FtM-
36SPC. (SPB) (Entered: 05/05/2010)
05/05/2010 10 MOTION to dismiss Complaint by Kenneth M. Wilkinson. (Peterson, Jack)
ATTORNEY notified that the wrong image is attached to docket entry. Attorney to refile
correctly. Modified on 6/4/2010 (kma). (Entered: 05/05/2010)
05/06/2010 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 7 Notice of interlocutory appeal. (slp) (Entered: 05/06/2010)
05/06/2010 11 Case reassigned to Magistrate Judge Thomas G. Wilson. NOTE: District Judge Charlene
E. Honeywell previously reassigned. New case number: 2:10-cv-89-FtM-36TAW (kma)
Modified on 6/4/2010 (kma). (Entered: 05/06/2010)
05/26/2010 Mail returned as Undeliverable/ Adressee unknown return to center re: 8 Order of
recusal. Mail resent to Jorg Busse. (SPB) (Entered: 05/26/2010)
06/01/2010 Summons issued as to Richard Jessup, Johnson Engineering, Inc.. (SPB) (Entered:
06/01/2010)
06/01/2010 12 RETURN of service executed on 5/1/2010 by Jorg Busse as to John Edwin Steele.
(SPB) (Entered: 06/04/2010)
06/01/2010 13 RETURN of service executed on 5/4/10 by Jorg Busse as to Sheri Polster Chappell.
(SPB) (Entered: 06/04/2010)
06/01/2010 14 RETURN of service executed on 4/30/10 by Jorg Busse as to Kenneth M. Wilkinson.
(SPB) (Entered: 06/04/2010)
06/01/2010 15 EMERGENCY MOTION for miscellaneous relief, specifically for full faith, credit and
equal court access by Jorg Busse. (SPB) (Entered: 06/04/2010)
06/01/2010 16 EMERGENCY MOTION to compel defendants to show good cause by Jorg Busse.
(SPB) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 06/04/2010)
06/04/2010 17 MOTION to dismiss Complaint by Kenneth M. Wilkinson. (Peterson, Jack) (Entered:
06/04/2010)
06/04/2010 Summons issued as to Roger Alejo. (drn) (Entered: 06/04/2010)
06/04/2010 Summons issued as to Richard A. Lazzara. (SPB) (Entered: 06/04/2010)
06/04/2010 18 EMERGENCY MOTION for miscellaneous relief, specifically from fraud on courts by
Jorg Busse. (SPB) (Entered: 06/07/2010)
06/04/2010 19 MEMORANDUM in support of re 18 Motion for miscellaneous relief filed by Jorg
Busse. (See document for full title of pleading.) (SPB) (Entered: 06/07/2010)
06/07/2010 20 ORDER referring motion to Magistrate Judge Thomas G. Wilson for disposition: 17
MOTION to dismiss Complaint filed by Kenneth M. Wilkinson. Signed by Judge
Charlene E. Honeywell on 6/7/2010. (BGS) (Entered: 06/07/2010)
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6/30/2010 Electronic Case Filing | U.S. District Co…
06/11/2010 21 ORDER of Court finding no emergencies have been presented as to 15 and 18 . The
Motions will be addressed in due course after Defendants have had the opportunity to
respond. See attached Order for complete details. Signed by Judge Charlene E.
Honeywell on 6/11/2010. (BGS) (Entered: 06/11/2010)
06/15/2010 22 MOTION to dismiss Complaint, or in the alternative MOTION for more definite
statement and Incorporated Memorandum of law in support by Johnson Engineering, Inc.
(SPB) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 06/15/2010)
06/15/2010 23 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate
disclosure statement due by 6/29/2010,as to Johnson Engineering, Inc. Signed by All
Divisional Judges on 6/15/2010. (SPB) (Entered: 06/15/2010)
06/22/2010 24 CERTIFICATE of interested persons and corporate disclosure statement re 23
Interested persons order by Johnson Engineering, Inc. (SPB) (Entered: 06/23/2010)
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6/30/2010 Electronic Case Filing | U.S. District Co…
APPEAL
Plaintiff
Jorg Busse represented by Jorg Busse
P.O. Box 1126
Naples, Fl 34106-1126
239/595-7074
PRO SE
Plaintiff
Kenneth M. Roesch, Jr. represented by Kelly Lina Rooth
TERMINATED: 09/21/2007 Rooth Law Group, PA
Suite 322
4399 35th St N
St Petersbsurg, FL 33714
727/824-6212
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6/30/2010 Electronic Case Filing | U.S. District Co…
Fax: 727/822-8048
Email: krooth@roothlawgroup.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Anita M. Roesch represented by Kelly Lina Rooth
TERMINATED: 09/21/2007 (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Troy Parnell represented by William Alfred Keyes , Jr.
TERMINATED: 09/21/2007 Stewart & Keyes, PL
2125 First St - Ste 101
PO Drawer 790
Ft Myers, FL 33902
239/334-7477
Fax: 239/334-7941
Email: stewartkeyespl@comcast.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Lee County, Florida represented by Jack Neil Peterson
Lee County Attorney's Office
2115 Second St
PO Box 398
Ft Myers, FL 33902
239/533-2236
Fax: 239/485-2118
Email: peterj@leegov.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Board of Lee County Commissioners represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
The Lee County Property Appraiser represented by Jack Neil Peterson
ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p… 2/5
6/30/2010 Electronic Case Filing | U.S. District Co…
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sherri L. Johnson
Dent & Johnson, Chartered
3415 Magic Oak Lane
Sarasota, FL 34232
941/952-1070
Email: sjohnson@dentjohnson.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
State of Florida, Board of Trustees of represented by Harold George Vielhauer
the Internal Improvement Trust Fund Florida Department of Environmental
past & present Protection
MS 35
3900 Commonwealth Blvd
Tallahassee, FL 32399-3000
850/245-2242
Fax: 850/245-2296
Email: Harold.Vielhauer@dep.state.fl.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Kenneth M. Wilkinson represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sherri L. Johnson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Lee County Attorney represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
State of Florida Department of represented by Harold George Vielhauer
Environmental Protection, and Division (See above for address)
of Recreation and Parks LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Jack N. Peterson
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6/30/2010 Electronic Case Filing | U.S. District Co…
appeal filed by Jorg Busse. EOD: 05/21/2010; USCA number: 10-11884I. (kma)
(Entered: 05/25/2010)
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