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MEMORANDUM: STATE LAW WOULD HAVE LIMITED effect of a valid writ3. "Section 916 prohibit(ed) the courts of the United States from adopting, recognizing, or giving effect to any form of execution, except such as was . . . a writ authorized by the laws of the state." See Custer v. McCutcheon, 283 U.S. 514, 517-18, 51 S.Ct. 530, 531, 75 L.Ed. 737 (1931). Thus, the overall intent of Rule 69(a) is to limit both the procedure for obtaining process and the effect of writs to that available under state law.4. The first sentence of Rule 69(a) does not affect this rule that state remedies are exclusive. 5. Equity Rule 8 is the source of the first sentence of Rule 69(a). 7 J. Moore, Supra at 69-10. Equity Rule 8 restricted remedies on purely monetary equitable judgments to those provided for legal causes. See Hamilton v. MacDonald, 503 F.2d 1138, 1148 (9th Cir. 1974); See 7 J. Moore, Supra at P 69.03(2). 6. Thus, the purpose of the first sentence of Rule 69(a) is to restrict remedies on money judgments to legal process and to avoid broad invocation of in personam relief.7. The courts have consistently read Rule 69(a) as limiting all federal process on money judgments to the type of process available under state law. 8. Here, Florida law did not give any effect to the facially fraudulent writ, Doc. # 425, Case 2:2007-cv-00228.9. Rule 69 made availability and effect of federal process strictly subject to state law.10. Therefore here, the writ of execution fraudulently issued by the clerk had no effect. 11. Because a writ fraudulently issued in the record absence of any judgment solely on the non-existent authority of a crooked U.S. District Court clerk has no effect under Florida law, it has no effect under Rule 69(a).NOTICE OF APPEAL - ADOPTION BY REFERENCE12. The Plaintiff Government corruption and crime victims hereby adopt by reference the attached Notice of Appeal and Falsifications in Case No. 2:10-cv-00390-FtM-30-AEP.OBSTRUCTION OF SATISFACTION OF $24.30 MANDATE & MONEY JUDGMENT13. On Tuesday, August 24, 2010, PM, the Clerk of Court, Defendant Drew Heathcoat, obstructed Dr. Jorg Busse’s satisfaction of the record final mandate and judgment in the amount of $24.30.OBSTRUCTION OF JUSTICE AND EXTORTION VIOLATIVE OF FLORIDA LAW14. On Tuesday, August 24, 2010, PM, Defendant Crooked Clerk Drew Heathcoat illegally demanded “$5,048.60” from Dr. Jorg Busse with criminal intent to defraud, extort, and deliberately deprive.CRIMINAL COMPLAINT15. Dr. Jorg Busse and Jennifer Franklin Prescott complained to Fort Myers Police about the crimes perpetrated by Defendant Drew Heathcoat.FLORIDA BAR COMPLAINT16. Defendant Heathcoat asserted to be a lawyer. Plaintiffs complained to the Florida Bar about the Defendant Heathcoat’s crimes on the record.COMPLAINT, ADMINISTRATIVE OFFICE OF THE U.S. COURTS17. The Plaintiff public corruption and crime victims complained about Defendant Clerk Heathcoat to the Administrative Office of the United States Courts, Washington, D.C. 20544, James C. Duff, Director; Jill C. Sayenga, Deputy Director.ALTERATION OF OFFICIAL DOCUMENTS & RECORDS18. Defendant Drew Heathcoat altered and conspired with other Officials and Defendants to alter the official records and documents.19. In particular, Defendant Heathcoat fabricated ninety (90) pages, Notice of Appeal, Doc. # 436, Case 2:2007-cv-00228. WHEREFORE, Plaintiff Government corruption and racketeering victims demand1. An Order relieving the Plaintiffs from the fraud on the Courts and falsified “judgment”, fake “writ of execution”, fake “lien” and fake “Lee County” “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”, which cannot be found on the Cayo Costa Subdivision Plat, Lee County Plat Book 3, Page 25 (1912);2. An Order declaring the “writ of execution”, Doc. # 425, Case 2:2007-cv-00228, on its face false, falsified, and/or expired;3. An Order taking judicial notice of said Florida Statutes;4. An Order taking judicial notice of C
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UNITED STATES DISTRICT COURTDISTRICT OF NEW JERSEY
CIVIL NO. WRIT OF EXECUTION
TO THE MARSHAL OF THE UNITED STATE DISTRICT COURT, DISTRICT OF NEW JERSEY :
WHEREAS, judgment was entered on the day of , 20 in an action in theUnited States District Court, __________________ between plaintiff(s) and defendant(s) in favor of said and against said for the sum of $ and costs taxed in the sum of $ asappears by the judgment filed in the Office of the Clerk of the United States District Court,District of New Jersey; and
WHEREAS, the said judgment was duly entered in the Office of the Clerk of the United States District Court, District of New Jersey, and the sum of $ plus taxedcosts in the sum of $ is now actually due thereon;
THEREFORE, you are hereby commanded to satisfy the said judgment out of the personalproperty of the said judgment debtor, as set forth in the attached affidavit, and if sufficientpersonal property cannot be found, then out of the real property belonging to such judgmentdebtor at the time said judgment was entered in the Office of the Clerk of this Court, or at anytime thereafter, in whosoever hands the same may be, as set forth in the attached affidavit andthat you do pay the moneys realized by you from such property directly to said or to their attorney in the said action, and return this execution and your proceedings thereonwithin one (1) year after date of its issuance to the Clerk of the United States District Court,District of New Jersey.
WE FURTHER COMMAND YOU, that in case of a sale, you make return of this writ withyour proceedings thereon before said Clerk and pay to the Clerk of this Court any surplus in yourhands within thirty (30) days after said sale.
WITNESS, the Honorable , a Judge of the United StatesDistrict Court, District of New Jersey this day of , 20 .
William T. Walsh, Clerk United States District Court
Prepared By: by: Deputy ClerkAttorney at Law LEVY: Damages..........$ Address: Costs...........$ Interest thereon from Besides Marshal's Execution Fees
CIVIL NO. Writ of Execution
COUNTY OF : STATE OF : AFFIDAVIT
being duly sworn, says:
1. I am the attorney for judgment creditor in the matter of vs. Civil Action No. , and in that capacity and in conformance with N.J.S. 2A:17-1, et.seq., as made applicable to this case by Rule 69(a), Fed. R. Civ. P., I have caused to be conductedan examination of the assets of judgment debtor .
2. I have determined the following non-exempt personal property of the judgment debtor issubject to execution in satisfaction of the judgment therein:
PROPERTY DESCRIPTION PROPERTY LOCATION 3. I have determined the following non-exempt real property of the judgment debtor is subjectto execution in satisfaction of the judgment therein:
PROPERTY DESCRIPTION PROPERTY LOCATION
(Signature)Subscribed and Sworn before me this day of , 20
Notary of RETURNABLE ON OR BEFOREMy Commission Expires ...........................................................................................................................................................Recorded in the Clerk's Office of the United States District Court for the District of New Jerseyin Book of Executions, Page . William T. Walsh, Clerk by: Deputy Clerk
