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To: SeaHawkFan
Land should have simply dismissed the case based on a absence of subject matter/improper venue and told her to go to the DC District to file a mandamus action. He could have saved himself a lot of trouble.

He did dismiss it without sanctions, but warned her not to file frivolous pleadings in his court again. (This was actually the second case Orly had filed in his court on the Birth Certificate issue, and both were dismissed without sanctions.)

Orly then filed a motion for reconsideration which (a) she had no right to file, because her client had fired her in the interim, and (b) accused the judge of "treason" and made other sanctionable claims. The judge then ordered her to show cause why she shouldn't be sanctioned.

An apology by Orly would probably have done the trick at that point, but she then filed a ridiculous motion to disqualify the judge because he owned stock in Microsoft (so what?) and because someone who looked like Eric Holder was seen near the courthouse (even though Holder was in Los Angeles at the time). That is what finally got her sanctioned.

Read the judge's decision-- he lays it all out.

131 posted on 10/14/2009 4:51:30 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

I read the decision, and I don’t disagree with you that she doesn’t have a clue about civil procedure.

All I am saying is I just don’t think she is worth the effort to sanction, because she is going to appeal the sanctions as being excessive and it’s going to go to an appeal which will take several months and likely referred back to a different judge because the sanctions are clearly excessive, which indicates prejudice against Taitz.

The judge should have simply informed the clerk to not accept any additional pleadings from Taitz. That would have been the simple solution. The US supreme Court does this 3-5 times a month.


133 posted on 10/14/2009 5:47:31 PM PDT by SeaHawkFan
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