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Docket entries, Berg v. Obama Third Circuit Court of Appeals (SEND TO MERITS PANEL)
ecf.ca3.uscourts.gov ^ | 2/3/2009 | rxsid

Posted on 02/03/2009 1:14:11 AM PST by rxsid

Current status of Berg's case pending in the 3rd dist. court of appeals (same case the SCOTUS denied the two emergency stay requests)

12/09/2008 Open Document ORDER (SCIRICA, Chief Judge and AMBRO, Circuit Judges) denying Appellant's Motion an Immediate Injunction to Stay the Certification of Electors, to Stay the Electoral College from Casting any Votes for Barack H. Obama on December 15, 2008, and to Stay the Counting of any votes in the House of Representatives and the Senate on January 6, 2009 Pending Resolution of Appellant's Appeal. Panel No.: ECO-16. Scirica, Authoring Judge. See Order for complete text. (CH)

12/10/2008 RECORD available on District Court CM/ECF. (CH)

12/10/2008 Open Document BRIEFING NOTICE ISSUED. Brief on behalf of Philip J. Berg due on or before 01/20/2009. Appendix due on or before 01/20/2009. (CH)

01/16/2009 Open Document ENTRY OF APPEARANCE from Steve N. Hajjar on behalf of Appellee(s) Federal Election Commission. (SNH)

01/16/2009 Open Document Motion filed by Appellee Fed Election Comm to summarily affirm. Certificate of Service dated 01/16/2009. SEND TO MERITS PANEL.--[Edited 01/28/2009 by CH] (SNH)

01/20/2009 Open Document ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellant Philip J. Berg, filed. Certificate of Service dated 01/20/2009 by email. (PJB)

01/20/2009 Open Document ELECTRONIC APPENDIX on behalf of Appellant Philip J. Berg, filed. Manner of Service: electronic. Certificate of Service dated 01/20/2009. (PJB)

01/27/2009 Open Document Response filed by Appellant Philip J. Berg to Motion for summary action. Certificate of Service dated 01/26/2009. (PJB)

01/28/2009 Open Document CLERK ORDER referring Motion by Appellee Federal Election Commitee For Summary Affirmance to the merits panel. It is noted that Appellant filed his brief and appendix on January 20, 2009, counsel for Appellee Federal Election Committee, is directed to inform this office in writing within seven (7) days from the date of this order if they intend to file a brief or rely on the Motion for Summary Affirmance in lieu of a formal brief, filed. SEND TO MERITS PANEL. (CH)

02/02/2009 Open Document CLERK ORDER referring the Response of Appellant to Appellee Federal Election Committee's Motion for Summary Affirmance to the merits panel, filed. SEND TO MERITS PANEL. (CH)


TOPICS:
KEYWORDS: birthcertificate; certifigate; ineligible
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To: Star Traveler

Try to keep it to a sentence because it really is tedious.


121 posted on 02/03/2009 12:01:26 PM PST by Frantzie (Boycott GE - they own NBC, MSNBC, CNBC and Universal. Boycott Disney - they own ABC)
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To: hoosiermama

We managed to make it all the way to 1:04pm EST before the usual suspects started to show up! Nothing new from them at all. I refuse to address any of them.


122 posted on 02/03/2009 12:04:13 PM PST by Scanian
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To: Frantzie

It’s a sound-bite world... :-)


123 posted on 02/03/2009 12:04:14 PM PST by Star Traveler
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To: All

http://www.drorly.blogspot.com/

While I am sure Orly would be somewhat flattered by a draft for her as Governor of California, I know she would just laugh as she frequently does in our conversations. She might not turn down a position of US Attorney in some administration other than bo’s.

What Orly really needs right now is the assistance of one paralegal who is accustomed to drafting ordinary discovery requests to SCOTUS in a case of original jurisdiction.

BillyBob et al know any paralegals like that?

http://www.drorly.blogspot.com/


124 posted on 02/03/2009 12:06:15 PM PST by FreeManN (Veritas nihil veretur nisi abscondi)
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To: Scanian

Squaaaaack....Squaaaaack....Ignore them ..... Squaaaaack!


125 posted on 02/03/2009 12:08:32 PM PST by hoosiermama (Berg is a liberal democrat. Keyes is a conservative. Obama is bringing us together already!)
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To: All

Top 10 things U Need to know about bo:

http://defendourfreedoms.org/flysheet.html


126 posted on 02/03/2009 12:09:54 PM PST by FreeManN (Veritas nihil veretur nisi abscondi)
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To: Scanian

Steyn’s stuff about old NH Yankees, guns, self reliance and almost no crime in NH are great. He lives in some small town in NH and says there is no crime and almost everyone has guns.

His observations about the locals and their common sense is great. Sadly, NH is being ruined by Massachusetts libs running away from socialism they created.

He is such a good writer, very funny and very bright.


127 posted on 02/03/2009 12:10:01 PM PST by Frantzie (Boycott GE - they own NBC, MSNBC, CNBC and Universal. Boycott Disney - they own ABC)
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To: Star Traveler
I think that you may be painting the "birthers" with too broad of a brush. My personal interest in the eligibility issue is that I hope it raises public discussion of constitutional issues (in your face, serfs! Wake up!). I view it almost entirely as a potential educational lightning rod. I really am not pinning hopes on legal maneuverings to achieve any particular political outcome (but I will gleefully cheer Berg and Orly on in their endeavors) because it keeps people talking. Please consider refraining from using terms like ODS when addressing a general audience, if you would. Thanks.
128 posted on 02/03/2009 12:10:23 PM PST by BrerLion (the alarmists are coming! the alarmists are coming!)
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To: rxsid; GreatOne; David; holdonnow; theothercheek; BP2; Red Steel; All
Can someone please explain exactly what is a "Merits Panel" and what is its function?

Additionally, I note that there is nothing in the docket listed about any appearance for Appellee Obama? What is the significance of that in this case?

129 posted on 02/03/2009 12:12:50 PM PST by justiceseeker93
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To: All

http://www.drorly.blogspot.com/

While I am sure Orly would be somewhat flattered by a draft for her as Governor of California, I know she would just laugh as she frequently does in our conversations. She might not turn down a position of US Attorney in some administration other than bo’s.

What Orly really needs right now is the assistance of one paralegal who is accustomed to drafting ordinary discovery requests to SCOTUS in a case of original jurisdiction.

BillyBob et al know any paralegals like that?

http://defendourfreedoms.org/flysheet.html

Top 10 things U Need to know about bo:

http://defendourfreedoms.org/flysheet.html


130 posted on 02/03/2009 12:17:31 PM PST by FreeManN (Veritas nihil veretur nisi abscondi)
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To: curiosity

“For those still discouraged, there is yet another case filed with SCOTUS and still more on the way.”

If at first you don’t succeed, try try again.
Be the labor great or small, do it well......

UNTIL YOU GET IT RIGHT!


131 posted on 02/03/2009 12:18:47 PM PST by this is my country
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To: justiceseeker93
Read post #19: Merits Panel Case.
132 posted on 02/03/2009 12:19:50 PM PST by Red Steel
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To: this is my country

Amen!


133 posted on 02/03/2009 12:25:20 PM PST by FreeManN (Veritas nihil veretur nisi abscondi)
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To: Frantzie

You got it! NH had a good thing going for a long time, until the folks fleeing Taxachussetts decided to make SE NH a suburb of Boston. Have they taken “Live Free or Die” off the license plates yet? I always figured that sooner or later they would.

I dodn’t know what it is about people fleeing liberal states that makes them want to bring with them the high taxes and regulation they ran away from when they re-locate. They’ve done it to our South Florida counties; the Rocky Mountain states are filling up with expatriate Californians who want to “do it like we did it back home.”


134 posted on 02/03/2009 12:26:39 PM PST by Scanian
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To: BP2
and anyone else notice how BIDEN is with Obama for every announcement, signing, or swearing in? Hmmmm.....

Yes, two of Biden's swearing ins and one of Obama's have fumbled over the word 'faithfully'.

135 posted on 02/03/2009 12:29:30 PM PST by Red Steel
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To: All

Top Ten Things That You Should Know About Barack H. Obama’s, (a/k/a Barry Soetoro) US Citizenship
Download Flysheet

For more data, see our downloads page.

Issue Reference
Issue
1. He may not be a Natural born citizen qualified to serve as President under Article II of the Constitution
He admits he was born to an American mother and a British subject, suggesting dual citizenship at best-1. If he was not born on U.S. soil, and his mother was a minor, she was ineligible to convey US citizenship-2. Under the British Nationality Act of 1948, he was born a British Citizen-3. His paternal grandmother claims to have attended his birth in Kenya-4. Kenya memorializes his place of birth-5.
Issue
2. He is a suspected illegal alien for two possible reasons
At age 3, his mother and father divorced. His mother remarried and his step-father enrolled him in school in Indonesia as “Barry Soetoro” -6.
Issue
2. He is a suspected illegal alien for two possible reasons
At age 10, after his mother’s second divorce-7, he reentered the US by casually and illegally assuming his birth name. Later still, he ran for and won elected office under his birth name without disclosing his legal name or his prior use of alternative names-8.
Issue
3. He took elected office and was admitted to the Illinois Bar under an alias
No record of any legal name change from ‘Barry Soetoro’ to ‘Barack Obama’ has ever been found.
Issue
4. He probably lost his citizenship.
An Indonesian citizen at age 6 -9, having been adopted by a national, he may be in the US illegally-10. USC §1481(a)(2) provides loss of nationality by Natural born citizens upon “taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state ... after having attained the age of eighteen years,” in violation of 8 U.S.C. §1401(a)(1). Indonesia did not allow for dual citizenship. If Obama got an Indonesian passport in 1981, when he was 20 years old, he effectively renounced any U.S. citizenship he may have had.
Issue
5. He is suspected of secretly holding a foreign passport.
When he traveled to Pakistan ‘in college’-11, Americans were not allowed into that country-12. If he traveled on an Indonesian passport in 1981 at age 20, he was and remains an Indonesian citizen.
Issue
6. He posted an illegitimate birth record to deflect questions and allegations.
The “Certification of Live Birth” shown on FightTheSmears.com is not a birth certificate, but an image of an abstract that was invalidated by alteration. As indicated on that same image, the blacked out certification number invalidates the document. Document analysis shows it to be a suspected forgery.
Issue
7. The Certification of Live Birth is a suspected forgery.
The border is one that is used in 2007 COLBs. As a security measure, Hawaii changes their borders every year. This is when the Obama campaign claims the certificate was obtained. However, the seal and signature stamp are from a 2008 COLB. As revealed by a process called edging, the Hawaiian seal and signature stamp on the back of the document are revealed to be from the wrong year. Document experts have analyzed other aspects and find forgery.
Issue
8. He refuses to release relevant records.
Since matters available in the public domain raise these issues, the burden rests on Obama/Soetoro to explain. He declines to release college applications, transcripts, his birth record, or addresses of where he has lived.
Issue
9. His selective service registration may be falsified.
A FOIA document shows a 2008 sequence number for a supposed 1980 registration, an incorrect date of signature, an obsolete postal stamp and other discrepancies. Did he register at age 18 like everyone else?-13
Issue
10. Not a single cause of action has been won by Obama on the merits.
All pending suits attempting to get Obama/Soetoro to produce simple documents have been dismissed on technical grounds such as the standing of the plaintiff. Therefore, the courts, including the Supreme Court of the United States have never ruled on the merits of his citizenship.


136 posted on 02/03/2009 12:32:22 PM PST by FreeManN (Veritas nihil veretur nisi abscondi)
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To: justiceseeker93

Post twelve is a cut and paste from the rules of the court linked in post 8.


137 posted on 02/03/2009 12:35:06 PM PST by hoosiermama (Berg is a liberal democrat. Keyes is a conservative. Obama is bringing us together already!)
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To: BP2

Biden, “Gird your loins”


138 posted on 02/03/2009 12:35:12 PM PST by Red Steel
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To: Red Steel

Sorry, but you still haven’t answered my basic questions. What is the composition of a “merits panel”?

Is it correct to say that its function is to assist the judges hearing the appellate case to prepare for oral argument? Does the “merits” panel make any rulings or issue any judgments or orders?


139 posted on 02/03/2009 12:38:35 PM PST by justiceseeker93
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To: Red Steel; BP2
and anyone else notice how BIDEN is with Obama for every announcement, signing, or swearing in? Hmmmm.....

Maybe he's got Alzheimer and they're afraid he'll wonder off if not accompanied by his care taker.

140 posted on 02/03/2009 12:42:29 PM PST by hoosiermama (Berg is a liberal democrat. Keyes is a conservative. Obama is bringing us together already!)
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