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Hollister v. Soetoro-- Dismissal Affirmed
U.S. Court of Appeals, D.C. Circuit ^ | March 22, 2010 | U.S. Court of Appeals, D.C. Circuit

Posted on 03/23/2010 10:49:42 AM PDT by Lurking Libertarian

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

BEFORE: Henderson, Tatel, and Garland, Circuit Judges

These consolidated appeals were considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court’s orders filed March 5, 2009, and March 24, 2009, be affirmed. The district court correctly dismissed the complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief could be granted. Hollister v. Soetoro, 601 F. Supp. 2d 179 (D.D.C. 2009). Moreover, the district court did not abuse its discretion in determining that counsel had violated Federal Rule of Civil Procedure 11(b)(2) and in imposing a reprimand as the sanction for his part in preparing, filing, and prosecuting a legally frivolous complaint. Hollister v. Soetoro, 258 F.R.D. 1 (D.D.C. 2009). Appellants have provided no reasonable basis for questioning the impartiality of the district court judge. See Liteky v. United States, 510 U.S. 540 (1994).


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: article2section1; berg; bergvobama; birthcertificate; birthers; certifigate; citizen; citizenship; eligibility; fraud; hollister; hollistervsoetoro; ineligible; lawsuit; naturalborn; naturalborncitizen; obama; obamaisabirther; philberg; philipberg; ruling; soetoro; usurper
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The U.S. Court of Appeals for the D.C. Circuit affirms the dismissal of the Hollister v. Soetoro case which had challenged Obama's eligibility, and also affirms the sanctions order against attorney Hemenway for filing a frivolous lawsuit.
1 posted on 03/23/2010 10:49:43 AM PDT by Lurking Libertarian
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To: BuckeyeTexan; Sibre Fan; parsifal; Las Vegas Ron; Seizethecarp

Eligibility lawsuit ping.


2 posted on 03/23/2010 10:51:05 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

Sanctions! The judicary is so corrupt. Can this be appealed now to SCOTUS?


3 posted on 03/23/2010 10:53:37 AM PDT by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
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To: Lurking Libertarian

This should scare off any other plaintiffs who seek proof Nobama is constitutionally qualified to be president. I really, really hate him.


4 posted on 03/23/2010 10:54:02 AM PDT by ilovesarah2012
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To: Lurking Libertarian

Half a million Americans have signed a petition in support of these eligibility lawsuits and the courts dismiss it as frivolous.


5 posted on 03/23/2010 10:54:54 AM PDT by DannyTN
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To: LucyT

Ping


6 posted on 03/23/2010 10:56:57 AM PDT by Smokeyblue
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To: ilovesarah2012

This was predictable according to most legal experts, so I never expected much else especially with that inept Orly Taitz leading the effort.


7 posted on 03/23/2010 10:57:33 AM PDT by mono
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To: Frantzie
Can this be appealed now to SCOTUS?

Yes. But having been shot down already at two levels what chance do you think it has of being taken up?

8 posted on 03/23/2010 10:59:32 AM PDT by Non-Sequitur
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To: Lurking Libertarian

Shocking!


9 posted on 03/23/2010 11:02:13 AM PDT by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: DannyTN

“Half a million Americans have signed a petition in support of these eligibility lawsuits and the courts dismiss it as frivolous.”

I was not aware that Courts are required to make decisions based on the number of people that happen to sign a certain petition.


10 posted on 03/23/2010 11:04:43 AM PDT by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: Lurking Libertarian

Can it be any more obvious that America has been taken over by dictators?

What is worse is the cheerleaders here defending it.


11 posted on 03/23/2010 11:08:58 AM PDT by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM, where are you?)
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To: trumandogz
"I was not aware that Courts are required to make decisions based on the number of people that happen to sign a certain petition."

They aren't. But the court should really think twice before calling a lawsuit with such broad appeal "frivolous" and applying sanctions for bringing it.

12 posted on 03/23/2010 11:11:31 AM PDT by DannyTN
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To: Las Vegas Ron

“What is worse is the cheerleaders here defending it.”

Some are. Some cheerleaders can’t cheer anymore.

parsy, whose pom-poms got taken away. . .


13 posted on 03/23/2010 11:14:36 AM PDT by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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To: parsifal

Aren’t you the one who got a warning from the head honcho?

How nice of you to disregard his warning.


14 posted on 03/23/2010 11:19:46 AM PDT by Smokeyblue
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To: parsifal
parsy, whose pom-poms got taken away. . .

Parsi, you lost you "pom-poms" a long time ago.

15 posted on 03/23/2010 11:26:04 AM PDT by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM, where are you?)
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To: Lurking Libertarian

Makes you wonder who and what Obama really is.


16 posted on 03/23/2010 11:28:32 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: parsifal

Hello there parsy....hope you are well...DS who lends her pom poms to parsy (don’t tell the powers that be where you got those pom poms parsy!)


17 posted on 03/23/2010 11:28:37 AM PDT by DallasSun (i believe in separation of church and hate.)
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To: mono

Can we vote Orly off the island?


18 posted on 03/23/2010 11:29:50 AM PDT by DallasSun (i believe in separation of church and hate.)
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To: DannyTN
Half a million Americans have signed a petition in support of these eligibility lawsuits and the courts dismiss it as frivolous.

In this case, this is what the court is saying make it frivolous: "failure to state a claim upon which relief could be granted." So even if Obama is proven ineligible, the court can say there's no way for the court to provide relief for the claim ... as in the courts don't think it's in their jurisdiction to declare a president ineligible, remove the president or nullify the elction results because the Constitution doesn't specifically give them these powers. Nevermind that the court gives itself plenty of other powers not defined in the Constitution or elsewhere. This is their fallback excuse for staying out of the issue.

19 posted on 03/23/2010 11:40:59 AM PDT by edge919
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To: DallasSun

Parsy=Dallas Sun


20 posted on 03/23/2010 11:41:23 AM PDT by Smokeyblue
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