Posted on 12/29/2010 10:49:16 AM PST by rxsid
"Gregory S. Hollister, Petitioner
v.
Barry Soetoro, et al.
Docketed: November 23, 2010
Lower Ct: United States Court of Appeals for the District of Columbia Circuit
Case Nos.: (09-5080)
Decision Date: March 22, 2010
Rehearing Denied: August 23, 2010
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Nov 22 2010 Petition for a writ of certiorari filed. (Response due December 23, 2010)
Nov 22 2010 Appendix of Gregory S. Hollister filed. (Volumes I, II, III)
Dec 22 2010 Waiver of right of respondents Barry Soetoro, et al. to respond filed.
Dec 29 2010 DISTRIBUTED for Conference of January 14, 2011.
Attorneys for Petitioner: John David Hemenway
Party name: Gregory S. Hollister
Attorneys for Respondents: Marc Erik Elias Perkins Coie, LLP Counsel of Record
Wonder how much they’ll make by NOT filing a response.
This whole issue has a number of cross plots. I guess it would be possible that grandpa knocked up some young black girl and had Ann pretend to be the Mother until he was able to raise obama himself. It would appear that if this was the deal, he knocked up some Kenyan girl and had Ann bring it home as her own. He or his wife then registered obama as being born in Hawaii.
TRY LOOKING AT THEM BOTH AROUND THE SAME AGE, THERE'S NO RESEMBLANCE WHAT-SO-EVER!
Thanks longjack.
Standing. The ‘vetting, texting’ judge gave this case standing, and dismissed for other reasons. IIRC, none of the other cases had ‘standing.’ That sets this apart.
CLerical erors are no problems....The locals had by mother’s and father’s name both spelled wrong. My birthdate wrong....When we went to the original “Paper” work is was all correct and easily corrected.
That’s the reason the court only recognizes the original as “legal” for many actions. Clerks make mistakes or just can’t read the writing in the original script.
“I don’t know that a mere “et al” is going to cut it with the Supremes.”
Have you ever seen a real SCOTUS petition as it’s filed with the Court ? They are a very peculiar, small size. There are several sections that precede the Petition’s arguments, including a thing called “Parties” where all the parties on both sides are set out fully.
That is, if the parties are not fully set out in the caption, in which case the parties section is either omitted or is repetitive as a precaution.
That’s funny, I had thought he was both impeached and disbarred, in addition to having been found to have committed perjury. I guess I must have a faulty memory.
Standing. The vetting, texting judge gave this case standing, and dismissed for other reasons. IIRC, none of the other cases had standing. That sets this apart.
Obama’s attorneys moved to summarily dismiss the lawsuit for “failure to state a claim upon which relief can be granted.”
Judge Robertson granted the motion to dismiss on grounds of failure to state a claim. There was no opportunity to address standing.
The US Court of Appeals For the District Of Columbia then upheld the District Court judge’s dismissal:
ORDERED AND ADJUDGED that the district courts 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).
http://www.scribd.com/doc/28745277/HOLLISTER-v-SOETORO-PER-CURIAM-JUDGMENT-filed-Lower-Court-Affirmed-Transport-Room
If even one strongly wants it to be heard there is often further consideration. That would lend additional strength to the contention that such an interest is more likely in the only case to go to SCOTUS so far in which standing is not the issue but the questions presented go to the merits.
Does mention of the possibility in a petition amount to a specific request? A specific request would have been better.
If even one strongly wants it to be heard there is often further consideration. That would lend additional strength to the contention that such an interest is more likely in the only case to go to SCOTUS so far in which standing is not the issue but the questions presented go to the merits.
“Merits” are not under consideration by the Supreme Court with regard to this Petition for a Writ of Certiorari.
If the Supreme Court was to grant cert and if the Court ruled in plaintiff’s favor, this appeal would then go back to the District Court where the issue of dismissal on grounds of standing would most likely be the next legal strategy of the Soetoro/Obama defense.
The issue of whether or not the merits were set out so as to require their consideration is very much at issue. Therefore the merits as alleged are put forward in the questions presented, unlike in other cases where the questions presented are taken up with standing as the issue. So your assertion is not quite correct. One cannot examine the question of whether a cause is stated without examining the causes that are or are not stated. Try reading Wright & Miller or any other authoritative rules treatise on Rule 12(b)(6) dismissals. A good part of the weakness of Robertson’s opinion in this case, in addition to its evident and egregious bias, is the failure to examine the actual issues claimed due to a preoccupation with one of several disjunctive phrases in the statute in question.
Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it Resolved, That John Sidney McCain, III, is a `natural born Citizen' under Article II, Section 1, of the Constitution of the United States
dueling birth certificates...
pdf:
http://moritzlaw.osu.edu/electionlaw/litigation/documents/McCain-SurreplyEx-7-21-08.pdf
first birthers were libs..
http://www.washingtonpost.com/wp-dyn/content/article/2008/05/01/AR2008050103224.html
Birth Certificate? We don't need no stinking birth certificate...
How is it frivolous to advance claims that were given credence by John Marshall, Mr. Justice Story and Chief Justice Waite? What independent consideration did the appellate panel give these matters other than adopting wholesale the bias of the district court judge? Moreover, how does a judge legitimately find a frivolous failure to make the pre-filing inquiry that Rule 11 requires without even finding out what the pre-filing inquiry was? Obviously you too think the man occupying the Oval Office should not be held accountable to the rule of law under the Constitution as testified to by your evident distortions of these matters.
The issue of whether or not the merits were set out so as to require their consideration is very much at issue. Therefore the merits as alleged are put forward in the questions presented, unlike in other cases where the questions presented are taken up with standing as the issue. So your assertion is not quite correct. One cannot examine the question of whether a cause is stated without examining the causes that are or are not stated. Try reading Wright & Miller or any other authoritative rules treatise on Rule 12(b)(6) dismissals. A good part of the weakness of Robertsons opinion in this case, in addition to its evident and egregious bias, is the failure to examine the actual issues claimed due to a preoccupation with one of several disjunctive phrases in the statute in question.
There is only one person in the entire United States of America who would have standing to sue Barack Obama/Barry Soetoro on eligibility grounds. That person is John Sidney McCain, the only other person to receive Electoral College votes and therefore the only person in America to have a legitimate chance to be elected president. Senator McCain can show direct and immediate (not conjectural) injury from Obama’s election, a requirement of standing.
If I strech my imagination a bit, I guess I could see Governor Palin or the Republican National Committee also being granted standing as lead plaintiffs in a class action suit against Obama, but I’m much less sure about that.
In any event, neither McCain, Palin or the Republican Party has chosen to sue Obama. That leaves impeachment for high crimes and misdemeanors as the option.
In my humble opinion, the way to resolove the Obama eligibility issue is via a Grand Jury investigation, just like what was used in Watergate, Iran-Contra, the Savings and Loan Scandal, Whitewater and the CIA Leaks-Scooter Libby affair.
There are no issues of standing or “failure to state a claim” or political question/justiciabliity in a grand jury investigation.
What was the date that both were in Wa?
There was so much blogging after the nominations leading up to the presidential election in Nov. ‘08.
Start here, it has some historical information.
http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/10/how-could-stanl.html
Be sure to read down and see the connections between Malcolm X and people in Kenya.
Also, look at the physical characteristics of our president, BHO Sr. and Malcom X. Similar build and features with X, wouldn’t you agree?
Here is another link:
“It is believed that in 1960 Malcolm X was in Seattle, where he founded the Nation of Islam Temple No. 67. The 35-year-old Malcolm X was already married and the father of a daughter. How coincidental that the Dunhams and their now-18-year-old daughter Stanley Ann were also in Seattle and shared Malcolm Xs radical anti-American philosophy and friends in common possibly among them Frank Marshall Davis who would have happily arranged for them to meet in Seattle.”
http://obambi.wordpress.com/2010/01/05/who%E2%80%99s-your-daddy-who%E2%80%99s-your-mama/
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