Beruflich Dokumente
Kultur Dokumente
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
1.
Allen v. Soetoro
(FOIA)
--No
Gov. defended
Kenneth L. Allen Citation Arizona Pima County Super. Ct. C20121046 Citation Arizona Pima County Super. Ct. C20121317 Citation M.D. Tenn (Federal) 3:09mc00215 Justia - RECAP
Allen v. Soetoro, 4:09-cv-00373 (D. Ariz. Jan. 29, 2010) (dismissing FOIA action seeking documents related to Obamas eligibility) affd, No, 11-15094 (9th Cir. Jul. 23, 2012); DISMISSED Amended Complaint Filed Feb. 24, 2012 No ----No appearance on behalf of Obama; AZ Democratic Party defended
2.
Allen v. Obama et al, No. C20121046 (Ariz. Pima County Super. Ct. Feb. 24, 2012) (dismissing complaint challenging Obamas eligibility to be on 2012 ballot); DISMISSED Notice of Appeal Filed but appeal apparently abandoned thereafter No
No appearance on behalf of Obama; AZ Democratic Party defended
3.
Allen v. Obama et al, No. C20121317 (Ariz. Pima County Super. Ct., Mar. 7, 2012) (dismissing case challenging Obamas eligibility to be on the 2012 ballot; finding that Obama is a natural born citizen under Wong Kim Ark; and expressly rejecting argument that Minor v. Happersett holds otherwise); No DISMISSED
H
4.
---
---
Citation
In re Am. Grand Jury, No. 3:09-mc-00215 (M.D. Tenn. Nov. 6, 2009) (summarily rejecting grand jury presentment challenging President Obamas eligibility to serve as President as having no force under U.S. Constitution or law);
1 2
Note: The Justia has easy-to-read explanations of all the various filings. The RECAP, while not as reader-friendly, has links to many of the pleadings filed in the case. Note: Allens FOIA claims regarding Stanley Obama are still pending.
Page 1 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
5.
American Grand Jury, No Number Assigned (W.D.N.Y. Sept. 29, 2009) (letter from court staff attorney Citation explaining that court could not accept presentment prepared by public, seeking to indict Obama for ineligibility to hold office and related matters); U.S. Supreme Court (Issue not raised in D.Md. and 4th Cir.) 8:10-cv-00017-PJM (D. Md.) (No birther claims made) 10-1951 (4th Cir.) (No birther claims made) No. 10-612 Petition for Rehearing (to address birther issue) DENIED
6.
Anderson v. Obama
Daniel G. Anderson
William Colliton, M.D. Richard P. Delaney, M.D. Richard Loria, M.D. Lorenzo Marcolin, M.D. Gaetano Molinari, M.D. James Ronan, M.D. Edward Sheridan, M.D. Edward Soma, M.D. Ronald Uscinski, M.D.
No
Anderson v. Obama, No. 10-612, 2012 WL 1969419 (U.S. Jun. 4, 2012) (denying motion for leave to file petition for rehearing in case challenging the Patient Protection and Affordable Health Care Act, where petition sought an order compelling (a) the U.S. Marshalls to travel to Hawaii; (b) the Hawaii Department Citation of Health to release the original birth certificate of Obama to the U.S. Marshalls; (c) the U.S. Marshalls to bring the certificate to the Supreme Court; and (d) the U.S. Secret Service to examine and verify whether the document is a forgery);
Note: American Grand Jury has attempted to file multiple additional presentments, in at least the following courts: Alabama Federal Court Southern District (Donald Gaines); California Federal Court Central District (Armando Carranza); Connecticut Supreme Court (Unknown); Florida Federal Court Northern District (Norman Caron); Kansas State Court (Wichita/18th Judicial District) (Bradley Kramer); New Hampshire State Court (Salem District) (Unknown); New Hampshire Federal District Court (Daniel Hunt); Tennessee Federal Court Western District (Donald McDougall); Middle District Texas Federal Court Western District (Lesley Lawson). To date, however, there is no indication that any of these courts have accepted the documents as filed and, therefore, they are not pending.
H H H H H H H H H H H H H
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
7.
DISMISSED
Ankeny v. Governor of the State of Indiana, No. 49D10-0812-PL-055511, 2009 WL 1632611 (Ind. Marion County Super. Ct. Mar. 16, 2009) (dismissing challenge to McCains and Obamas eligibility), affd, 916 N.E.2d 678 (Ind. Ct. App. 2009) (holding that Obama, who was born in Hawaii, is a natural born citizen eligible to be president), transfer denied, 929 N.E.2d 789 (Ind. 2010); Pending No
Obama not a Defendant
8.
Archibald v. U.S. Dept. of Justice, No. 1:11-cv-02028-RBW (D.D.C., filed Nov. 16, 2011);
Page 3 of 75
WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
9.
DISMISSED Motion for Reconsideration DENIED Motion to Transfer DENIED Motion for Reconsideration (Aug 2012) DENIED
H H
9th Circuit: Kreep as Atty: 09-56827 No. 11-1225 Taitz as Atty: 10-55084 (Keyes et al v. Obama) AFFIRMED DENIED Rehg and Rehg En Banc DENIED
H H
No
Gov. defending
Citation
Barnett v. Obama, No. 8:09-cv-00082, 2009 WL 3861788 (C.D. Cal. Oct. 29, 2009) (dismissing case challenging Obamas eligibility; criticizing conduct of plaintiffs counsel in case filed on behalf of active and former military personnel, state representatives, taxpayers, relatives, and political candidates), order clarified, 2009 WL 8557250 (C.D. Cal. Dec. 16, 2009), affd sub nom. Drake v. Obama, 664 F.3d 774 (9th Cir., 2011), rehg and rehg en banc denied, Nos. 09-56827, 10-55084 (Feb. 2, 2012), cert denied, 132 S. Ct. 2748 (U.S. Jun. 11, 2012); motion for recon, No. 8:09-cv-00082 (Aug 31, 2012) (denying petition for rehearing/reopening of case in district court);
10.
Pending Begay v. Obama, No. 2:12-cv-01948 (D. Ariz., filed Sept. 13, 2012)
Citation
Note: On November 3, 2011, Taitz filed an Emergency Petition for Writ of Mandamus, seeking order directing Hawaii officials to provide access to original birth certificate documents regarding Obama.
Last Updated: Dec. 21, 2012 Page 4 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
11.
DISMISSED
3rd Circuit: 08-4340 Emgcy Motion: DENIED 2nd Emgcy Motion: DENIED
H H H
Application (08A391) DENIED5 Application (08A505) DENIED Rule 11 Writ (08570) DENIED6
H H H
Yes
---
Berg v. Obama, 574 F. Supp. 2d 509 (E.D. Pa. 2008) (dismissing case challenging Obamas eligibility; characterizing various plaintiffs claims as frivolous), affd, 586 F.3d 234 (3d Cir. 2009), cert. denied, 555 U.S. 1126, (2009); DISMISSED Reconsideration DENIED
H H
12.
---
No
Gov. defending
Berg v. Obama, No. 1:08-cv-01933 (D.D.C. June 9, 2009) (dismissing qui tam case claiming Obama is not a U.S. citizen), recons. denied, 656 F. Supp. 2d 107 (D.D.C. 2009), affd, 383 F. Appx. 7 (D.C. Cir. 2010); DISMISSED ----Yes
13.
Berg v. Obama, No. 186 MD 2012 (Pa. Commw. Ct., Mar. 16, 2012) (dismissing complaint filed to challenge Obamas eligibility to be on 2012 ballot);
5 6
129 S.Ct. 1030, 173 L.Ed.2d 290, 77 USLW 3428. 129 S.Ct. 920, 173 L.Ed.2d 158, 77 USLW 3281, 77 USLW 3392, 77 USLW 3399.
Page 5 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
14.
DISMISSED
No
Obama not a Defendant
Citation M.D. Ala. (Federal) 2:10cv00609 Justia - RECAP Citation Texas State Court Williamson County, (368th Judicial District) 08-1001-C365
Beverly v. Fed. Election Commn, 1:08-cv-01538-AWI-GSA, 2009 WL 196361 (E.D. Cal. Jan. 28, 2009) (dismissing case that included claims regarding Obamas eligibility), affd, No. 09-15562 (9th Cir. July 1, 2009), cert. denied, 130 S. Ct. 1732 (2010); DISMISSED DISMISSAL AFFIRMED No --Court dismissed sua sponte
15.
Bowhall v. Obama, No. 2:10-cv-0609, 2010 WL 4932747, (M.D. Ala. Nov. 30, 2010) (dismissing complaint alleging, among other things, that Obama is not a natural born citizen, as frivolous), affd, No. 10-15938-C (11th Cir. Apr. 4, 2011) (affirming order that complaint was frivolous); No
Obama not a Defendant
16.
DISMISSED
H
---
---
Brockhausen v. Andrade, No. 08-1001-C368 (Tex. Williamson County Dist. Ct. (368th) Jan. 22, 2009) (dismissing case challenging Obamas eligibility);
Action filed in Supreme Court
17.
DISMISSED
H
---
No
Obama not a Defendant
Broe v. Reed, No. 82473-8 (Wash. Jan. 8, 2009) (dismissing writ of mandamus challenging Obamas eligibility);
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name The Church of Jesus Christ Christian/Aryan Nations of Missouri et al v. Obama et al7 Original Decision Original Tribunal Case No. Docket W.D. Mo. (Federal) 6:08cv03405 Justia - RECAP
H H
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
DISMISSED
Church of Jesus Christ Christian/Aryan Nations of Missouri et al v. Obama, No. 6:08cv03405, 2011 WL 4916569 (W.D. Mo. Oct. 17, 2011) (dismissing case brought on, among other bases, that, as non-white, Obama is not eligible to hold office), affd, No. 09-5012 (8th Cir. Jan. 31, 2012); No. 09-5012 DISMISSAL AFFIRMED Rehearing Denied
H
DISMISSED
H
18.
Citation Fla. Circuit Court (6th Cir) No. 512012CA2041WS Citation Florida State Court State Supreme Court SC08-2338
H H
Cohen v. Obama, No. 1:08-cv-02150, 2008 WL 5191864 (D.D.C. Dec. 11, 2008) (dismissing case challenging Obamas eligibility), affd, 332 F. Appx. 640 (D.C. Cir. 2009) (per curiam), rehg and rehg en banc denied, No. 09-5012 (D.C. Cir. Nov. 25, 2009); DISMISSED Yes
19.
Collette v Obama et al, No. 512012CA2041WS (Fla. 6th Cir. Ct., Sept. 9, 2012 (dismissing complaint seeking to prevent Obama from appearing on 2012 ballot));
Action filed in Supreme Court
20.
DISMISSED
H
Citation
Connerat v. Browning, 999 So. 2d 644 (Table) 2008 WL 5378138 (Fla.2008) (dismissing petition for extraordinary emergency writ of mandamus challenging Obamas eligibility);
Note: We previously counted this case as a birther case. We did so based on some secondary reporting on the case, which was the only information available at the time because the docket was sealed and not available to the public. However, it has since become available and our review indicates that although the plaintiffs clearly sought to prevent Obama from serving as President, they did not base their opposition on any birther theories; rather, the apparent basis was the fact that Obama is not white. Therefore, we have removed this case from the count, while keeping the RECAP/related information available for archival purposes.
Last Updated: Dec. 21, 2012 Page 7 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket Florida State Court Pinellas County Small Claims Court No. 09003103SC
H H
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
21.
Citation Florida State Court Pinellas County Small Claims Court No. 09005522SC
Connerat v. Obama, No. 09003103SC (Fla. Pinellas County Small Claims Ct. May 5, 2009) (dismissing claim brought against Obama on grounds that he is not natural born citizen); No DISMISSED
H
22.
---
---
Citation M.D. Fla. (Federal) 8:11-cv-01359 Justia - RECAP Citation Hawaii Supreme Court No. 29743
Connerat v. Obama, No. 09005522SC (Fla. Pinellas County Small Claims Ct. Jul 28, 2009) (dismissing claim brought against Obama on grounds that he is not natural born citizen); No DISMISSED ----Court dismissed sua sponte
23.
Connerat v. Obama, No. 8:11-cv-01359-SDM-TGW (M.D. Fla. Dec. 21, 2011) (dismissing case challenging Obamas eligibility);
Action filed in Supreme Court
24.
---
No
Obama not a Defendant
Constitution Party v. Lingle, No. 29473, 2008 WL 5125984 (Haw. Dec. 5, 2008) (dismissing complaint contesting 2008 Presidential election results and rejecting contention that defendant improperly failed to require proof that candidate Barack Obama was qualified to be a candidate for President of the United States), recons. denied (Dec. 12, 2008); TRO DENIED CASE DISMISSED
H H
25.
---
No
Gov. defended
Citation
Cook v. Good, No. 4:09-cv-00082, 2009 WL 2163535 (M.D. Ga. July 16, 2009) (denying TRO seeking stay of military orders pending confirmation of Obamas eligibility; dismissing case), appeal dismissed, No. 0914698-CC (11th Cir. Nov. 24, 2009);
Page 8 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket M.D. Fla. (Federal) 8:2009cv01382 Justia - RECAP
H H H H
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
26.
Cook v. Simtech, No. 8:2009cv01382 (M.D. Fla., July 27, 2009), recons. denied, (Aug. 6, 2009) (finding motion to reconsider frivolous and wholly without merit); No DISMISSED ----Case dismissed before any defendants made an appearance
27.
Corbett v. Bowen, No. 30-2008-00114112-CU-FR- CJC, (Cal. Orange Cty. Super. Ct. June 8, 2009) (dismissing case challenging Obamas eligibility); No DISMISSED --Court dismissed sua sponte
28.
Craig v. U.S. Dept. of Homeland Sec. et al, No. 5:10-cv-00659-C (W.D. Okla. July 3, 2010) (dismissing case challenging various government publications defining term natural born citizen as unconstitutional); 10th Circuit: No. 11-9501 Decision AFFIRMED Petition for Rehg DENIED No
Obama not a Defendant
29.
Relief DENIED
Craig v. Holder, No. 11-9501 (10th Cir. Mar. 17, 2011) (affirming Board of Immigration denial of request to certify that Craig is natural born citizen eligible for presidency), rehg denied (Apr. 29, 2011); DISMISSED Leave to Amend DENIED
H H
30.
No
Court dismissed sua sponte
Citation
Craig v. United States, No. 5:09-cv-00343-F (W.D. Okla. Apr. 3, 2009) (dismissing case seeking declaration regarding definition of natural born citizen as incomprehensible and frivolous), affd, No. 096082, 340 F. Appx. 471 (10th Cir. 2009), cert. denied, 130 S. Ct. 141 (2009);
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket W.D. Okla. (Federal) 5:10-cv-01345-C Justia - RECAP
H H H
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
31.
DISMISSED
No
Obama not a Defendant
Citation Oklahoma Supreme Court No. MA-109808 Citation Oh. Common Pleas Ct Geauga County No. 12M000653 SCRIBD Docs Citation Oh. Common Pleas Ct Geauga County Misc. No. #223 Citation E.D. Cal. (Federal) 2:08cv02754 Justia - RECAP
Craig v. United States, No. 5:10-cv-01345-C (W.D. Okla., Jan. 4, 2011) (Dismissing VOIA action brought to obtain documents related to federal definition of natural born citizen), appeal voluntarily dismissed, No. 11-6017 (10th Cir. Feb. 10, 2011); DISMISSED (Application Denied; All Justices Concur)
N/A: Original filing in OK Supreme Court
32.
---
No
Obama not a Defendant
Craig v. Oklahoma, No. MA-109808 (Okla. Oct. 17, 2011) (dismissing application seeking determination of definition of natural born citizen for purposes of presidential eligibility); DISMISSED
33.
Daniels v. Husted, No. 12M000653 (Oh. Commn Pleas Ct, Sept. 7, 2012) (dismissing complaint filed seeking to prevent Obama from being on ballot in Ohio 2012 general election);
In re: Daniels, Misc. No. 223 (Oh. Commn Pleas Ct, filed Sept. 12, 2012) (affidavit filed pursuant to Oh. Rev. Code. 2935.09).9 DISMISSED Recommendation & Order
H H H
34.
Citation
Dawson v. Obama, No. 2:08cv02754, 2009 WL 532617 (E.D. Cal. Mar. 2, 2009) (dismissing case challenging Obamas eligibility);
Not counted because not a pending case. However, included in scorecard for links/tracking purposes.
Page 10 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket New York Board of Elections No number Assigned Citation New Jersey State Court
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
Objection OVERRULED
---
---
Unknown
35.
In re Objection of Thomas Dean, No Number Assigned, (N.Y Board of Elections Determination Feb. 28, 2011) (rejecting petition challenging Obamas eligibility to be on 2012 ballot and finding that petition designating Obama as candidate is valid);
Action filed in Appeals Court
36.
No
Obama not a Defendant
Citation
37.
Donofrio v. Wells, No. AM-0153-08T2 (N.J. Super. Ct. App. Div. Oct. 30, 2008) (denying application for emergent relief challenging eligibility of McCain and Obama), affd, No. _____ (N.J. Oct. 31, 2008), application for stay denied, 129 S. Ct. 752 (2008); DISMISSED Dummett at al v. Bowen, No. 34-2012-80001091(Cal. Sacramento Cty. Sup. Ct., Oct. 26, 2012) (dismissing birther case seeking to prevent placement of Obama on 2012 general election ballot);
N/A: Original filing in Supreme Court
Dummett et al v. Bowen
John Albert Dummett, r.; Markham Robinson; The Constitution Party; Gil Houston; Larry Lakamp; Milo L. Johnson; Joe Ott
California Superior Court Sacramento County No. 34-2012-80001091 Citation S.D. Tex. (Federal) 4:08-mc-00504 Justia - RECAP
H H H H
DISMISSED
Citation
Ealey v. Sarah Obama, No. 4:08-mc-00504 (S.D. Tex. Oct. 20, 2008) (dismissing case alleging that Obamas grandmother cast spells on various people in the United States);
10 11
Note: We had originally classified this as a birther case; however upon further review, weve determined that the case alleges no birther factual or legal theories. Therefore, weve retained it on the chart, but did not count it as a birther case.
Last Updated: Dec. 21, 2012 Page 11 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Easterling v. Obama Scott Easterling
38.
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
US Supreme Court Not Docketed12 Alaska Division of Elections No Number Assigned Citation Alaska Superior Court No. IJU-12-694-CI Citation D. Alaska Federal Court No. 1:12-cv-00011-TMB
REJECTED
---
---
No
Epperly v. Obama, No Number Assigned (Alaska Div. of Elections (Gail Fenumiai, Director) Feb. 28, 2012) (dismissing petition challenging Obamas eligibility to be on the 2012 ballot); REMOVED to Federal Court See below Epperly v. Obama, No. IJU-12-694-CI (Alaska Superior Ct, filed June 25, 2012; removed to federal court July 27, 2012); DISMISSED AS FRIVOLOUS Motion for Reconsideration DENIED
39.
Epperly v. Obama et al, No. 1:12-cv-00011-TMB (D. Alaska, Aug. 24, 2012) (dismissing complaint Citation seeking, among other things, declaration that Obama is not eligible to serve as President), recon. Denied (Oct. 2, 2012). E.D. Ky. (Federal) 08-379-GFVT Justia - RECAP
H H H H
40.
Citation
Essek v. Obama, 08-379-GFVT (E.D. Ky., Jan. 15, 2009) (dismissing case challenging Obamas eligibility);
12
Note: This case was apparently filed as an original action in the Supreme Court in June 2009. However, it was never docketed. It was subsequently included as an exhibit in document #69, filed in Barnett v. Obama (C.D. Cal.) on September 21, 2009. We treat this case in the same manner as the various grand jury presentments (see supra, Note 5) - i.e., given that it was never officially docketed and considered by the court, it does not count as a case for purposes of the Scorecard. However, we include it here, with a link to the filing for reference purposes.
Last Updated: Dec. 21, 2012 Page 12 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket Maryland Carroll County Circuit Court 06-C-12-060692 Citation Georgia Office of State Administrative Hearings OSAH-SECSTATE-CE1215136-60-MALlHI Citation
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8 DISMISSED
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
41.
Fair v. Obama, No. 06C12060692 (Md. Carroll Cty. Cir. Ct., Aug. 27, 2012 (relying on Ankeny and Wong Kim Ark to hold that Obama is a natural born citizen eligible to serve as President); Objection DENIED - Obama Eligible (ALJ) Finding Obama is NBC Secretary of State Final Decision Finding Obama is NBC (Adopting ALJ Decision)
42.
Farrar v. Obama David Farrar, Leah Lax, Cody Judy, Thomas Malaren, Laurie Roth
See below
See below
Farrar v. Obama, No. OSAH-SECSTATE-CE-1215136-60-MALlHI (Ga. Office of St. Admin. Hrg. Feb. 3, 2012) (rejecting challenge to Obamas eligibility to appear on 2012 ballot; finding that Obama was born in U.S. and is a natural born citizen), decision adopted as final (Ga. Secy State Feb. 7, 2012); Georgia Supreme Court No. S12D1180 DENIED Appeal of SOS Decision DISMISSED Georgia Supreme Court No. S12D1584 Pending (Cody Judy only) Application Dismissed
Farrar App. for Stay No. 12A25 Denied by Justice Thomas Cert DENIED No. 12-5276
Farrar et al. v. Obama, Secy of State David Farrar, Leah Lax, Cody Robert Judy, Thomas Malaren, Laurie Roth
Citation
Farrar v. Obama, No. OSAH-SECSTATE-CE-1215136-60-MALlHI (Ga. Office of St. Admin. Hrg. Feb. 3, 2012) (rejecting challenge to Obamas eligibility to appear on 2012 ballot; finding that Obama was born in U.S. and is a natural born citizen), decision adopted as final (Ga. Secy State Feb. 7, 2012), appeal dismissed, Farrar et al v. Obama, No. 2012CV211398 (Ga. Fulton Cty. Super. Ct. Mar. 2, 2012), recons. denied (Mar. 14, 2012), appeal denied, No. S12D1180 (Ga. Apr. 11, 2012); application dismissed, Cody v. Obama, No. S12D1584 (Ga. Jun. 21, 2012), cert denied, No. 12-5276 (U.S. Sept. 24, 2012);.
Page 13 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Fitzpatrick v. Obama 13 Walter Fitzpatrick III
F
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
43.
DISMISSED
---
---
No
Citation Illinois Board of Elections Objection ID: 1229| Election ID: 32 12 SOEB GP 103
Fitzpatrick v. Obama, No. 09R81 (N.C. Catawba Cty. Super. Ct. May 2009) (rejecting purported indictment issued against Obama on grounds that he was not a natural born citizen eligible to serve as President); Challenge OVERRULED Finding Obama is NBC (Hearing Officer Recommendation)
44.
---
---
Unknown
Freeman v. Obama, 12 SOEB GP 103 (Ill. Bd. of Elections Hearing Officer Recommendation Jan. 27, 2012) (overruling objection to Obamas placement on 2012 primary ballot; finding that Obamas long form Citation birth certificate clearly establishes his eligibility for office as a Natural Born Citizen), objection overruled (Ill. Bd. of Elections, Feb. 3, 2012); Ill. Bd. of Elections Objection ID: 1306 Election ID: 33 OVERRULED Freeman v. Obama, No. 12 SOEB GE 112 (Ill. Bd. Elections, Sept. 17, 2012) (overruling objection filed seeking to keep Obama off general election ballot in 2012 on grounds that he is not a natural born citizen; relying on prior decision (12 SOEB GP 103) which held that Obamas long form birth certificate sufficiently established birth in the United States)
45.
Citation
13
Note: According to some websites, Fitzpatrick has filed a few complaints against Obama, including, most recently, a criminal complaint reportedly filed with the Clerk of Court, Catawba County, NC, File #09R81 (see American Grand Jury (AGJ) Article); and an alleged grand jury presentment in Tennessee (see AGJ Article). To date, no official record (docket, etc.) has been located; and court personnel could not confirm the accuracy of these reports. Upon confirmation of the NC state court case, either or both of these cases, , , , we will update the chart accordingly to note such cases as pending and/or resolved. Jul 1, 2010 Update: While we did not find any official docket of this case, the subsequent prosecution of Fitzpatrick makes clear that he did, in fact, attempt to file a criminal complaint against Obama, but was rejected. See, e.g., Bill Poovey/AP, Cases :involving attempted citizens arrest delayed, as published online by the Washington Examiner (June 29, 2010).
H H H H
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket New Jersey Office of Secretary of State OAL No. STE 04588-12
46.
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
---
---
Unknown
Galasso v Obama, No. STE 04588-12 (N.J. Adm. Apr. 10, 2012) (initial decision rejecting challenge to Obama's 2012 nominating position and finding that, assuming Obama was born in Hawaii, he is a "natural Citation born citizen" eligible for the presidency per Ankeny and Wong Kim Ark), decision adopted as final (NJ Secy of State Apr. 12, 2012); New York Board of Elections No Number Assigned Objection OVERRULED ----Unknown
47.
In re Objection of Christopher Garvey, No Number Assigned, (N.Y Board of Elections Determination Feb. 28, 2011) (rejecting petition challenging Obamas eligibility to be on 2012 ballot and finding that petition designating Obama as candidate is valid); petition for writ of mandamus denied, Garvey v. N.Y. Board of Elections, No. 12-002764 (N.Y. Supreme Ct., Nassau Cty, Mar. 6, 2012); Petition/Requested Order to Show Cause DENIED No ----Court dismissed sua sponte
48.
Garvey v. N.Y. Bd. of Elections, No. 12-002764 (N.Y. Supreme Ct., Nassau Cty. Mar. 6, 2012) (rejecting Citation petition for writ of mandamus and seeking show cause order, challenging New York Board of Elections rejection of plaintiffs ballot challenge); Ohio State Court Wood Cty. Com. Pleas Ct 2008CV1024
H
DISMISSED
(SOS Report, p. 15; Docket)
H H H H
49.
---
---
No
Obama not a Defendant
Citation
Greenberg v. Brunner, No. 2008CV1024 (Ohio Wood County Ct. Com. Pl. Jan. 14, 2009) (dismissing case challenging Obamas eligibility; assessing costs against plaintiff);
Page 15 of 75
WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name
50.
Original Decision Original Tribunal Case No. Docket E.D. Cal. (Federal) 2:2012-cv-02997 Justia | RECAP Citation Alaska Division of Elections No Number Assigned Citation D. Ariz. (Federal) 2:09cv00410 Justia - RECAP
H H H H
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
Pending Grinols et al v. Electoral College et al, No. 2:2012-cv-02997 (E.D. Cal., filed Dec. 12, 2012) (complaint seeking, among other things, declaration that Obama is not eligible for Presidency and stay of various election-related events). REJECTED ----No
51.
Hackney v. Obama Patrick D. Hackney Hamblin v Obama, (Obama & McCain) Clark Hamblin
Hackney v. Obama, No Number Assigned (Alaska Div. of Elections (Gail Fenumiai, Director) May 29, 2012) (dismissing petition challenging Obamas eligibility to be on the 2012 ballot); DISMISSED
H
52.
---
No
Gov. defended
Citation D. Haw. (Federal) 1:08-cv-00544-ACK-KSC Justia - RECAP Citation Alabama Jefferson CountyBirmingham Cir. Ct. No. 01-CV-2011002321.0014 Citation
Hamblin v. Obama, 2:09cv00410, 2009 WL 2513986 (D. Ariz. Aug. 14, 2009) (dismissing case challenging Obamas and McCains eligibility), appeal dismissed, 09-17014 (9th Cir. Nov. 6, 2009); DISMISSED ----No
Obama not a Defendant
53.
Hamrick v. Fukino, No. 1:08-cv-00544 ACK-KSC, 2009 WL 1404535 (D. Haw. May 20, 2009) (dismissing case seeking copy of Obamas certified birth certificate to determine whether he is natural born citizen); No
Obama not a Defendant
54.
DISMISSED
---
---
Hendershot v. Kennedy, No. 01-CV-2011-002321.00 (Al. Jefferson Cty. Cir. Ct. Jan. 9, 2012) (dismissing case challenging Obamas eligibility to appear on 2012 ballot);
14
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket M.D. Fla. (Federal) 3:08-cv-01164-HES-TEM Justia - RECAP
H H H H
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
55.
Herbert v. Obama, et al, No. 3:08-cv-01164 (M.D. Fla. Dec. 30, 2008) (dismissing complaint alleging, among other things, that Obama is not natural born citizen); No DISMISSED
H
---
---
Citation
Herbert v. US, No. 3:08-cv-00634-TJC-MCR (M.D. Fla. July 1, 2008) (dismissing case alleging, among other things, that U.S. Supreme Court Chief Justice John Roberts violated the Constitution in refusing to accept plaintiffs case); 11th Circuit: 0910661 APPEAL DISMISSED (sua sponte as frivolous and wholly without merit)
H H
56.
No
Court dismissed sua sponte
Citation
Herbert v. United States, et al, No. 3:08cv01201 (M.D. Fla. Jan. 20, 2009) (dismissing complaint alleging, among other things, that Obama is not natural born citizen), appeal dismissed, No. 09-10661 (11th Cir. Aug. 3, 2009) (dismissing appeal as frivolous and wholly without merit), cert. denied, 130 S. Ct. 562 (2009), rehg denied, 130 S.Ct. 1169 (2010);
15
This case was initially listed as a birther case but upon review of the file, we have determined that it is not related to any birther claim.
Page 17 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Herbert v. James et al. Susan Herbert Original Decision Original Tribunal Case No. Docket M.D. Fla (Federal) 3:12-cv-00469-MMH-JBT Citation D.N.H. (Federal) 1:08cv00099 Justia - RECAP
H H H
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
57.
DISMISSED
No
Obama not a Defendant
Herbert v. James et al, No. 3:12-cv-00469-MMH-JBT (M.D. Fla. Apr. 30, 2012) (dismissing compliant with multiple claims, including Herberts desire to vote and challenge the natural birth clause); DISMISSED 566 F.Supp.2d 63
H
58.
---
---
No
Obama not a Defendant
Citation
Hollander v. McCain, 566 F. Supp. 2d 63 (D.N.H. 2008) (dismissing case challenging McCains eligibility); 09-5161 (Dismissal) DISMISSAL AFFIRMED 09-5080 (Sanctions) SANCTIONS AFFIRMED
H H H
59.
Writ DENIED
Yes
(10-678)
Citation
Hollister v. Soetoro, 601 F. Supp. 2d 179 (D.D.C. 2009) (dismissing interpleader case challenging Obamas eligibility), subsequent order, 258 F.R.D. 1 (Mar. 27, 2009) (imposing sanctions for filing claim that was not warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law, under Rule 11), affd, Nos. 09-5080 & 09-5161, 368 F. Appx. 154 (D.C. Cir. 2010), cert. denied, 131 S. Ct. 1017 (2011), rehg denied 131 S. Ct. 1627 (2011);
Page 18 of 75
WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
60.
Kentucky Commnw. Court (Franklin County) House v. Obama et DISMISSED TBD No. 12-CI-01048 al Todd L. House House v. Obama, et al, No. 12-CI-01048 (Ky. Commonw. Ct., Oct. __, 2012) (dismissing case seeking to Citation prevent Obama from placement on 2012 general election ballot); 5th Circuit: No. 09-10246 APPEAL DISMISSED
H
61.
DISMISSED
H
Citation
62.
Hunter v. U.S. Supreme Court, No. 2:08cv00232, 2009 WL 111683, (N.D. Tex., Jan. 16, 2009), (dismissing case alleging, among other things, that Obama is not eligible), appeal dismissed, No. 09-10246 (5th Cir. July 23, 2009), No. 10-10009 (Feb. 4, 2010), No. 10-100064 (Apr. 9, 2010); Disposition unknown
New Hampshire HAVA Complaint Citation Illinois Board of Elections Objection ID: 1230 | Election ID: 32 12 SOEB GP 104
63.
---
---
Unknown
Citation
Jackson v. Obama, 12 SOEB GP 104 (Ill. Bd. of Elections Hearing Officer Recommendation Jan. 27, 2012) (overruling objection to Obamas placement on 2012 primary ballot; finding that Obamas long form birth certificate clearly establishes his eligibility for office as a Natural Born Citizen), objection overruled (Ill. Bd. of Elections, Feb. 3, 2012);
Page 19 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket Ill. Bd. of Elections Objection ID: 1307 Election ID: 33
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
OVERRULED Jackson v. Obama, No. 12 SOEB GE 113 (Ill. Bd. Elections, Sept. 17, 2012) (overruling objection filed seeking to keep Obama off general election ballot in 2012 on grounds that he is not a natural born citizen; relying on prior decision (12 SOEB GP 104) which held that Obamas long form birth certificate sufficiently established birth in the United States); DISMISSED
H
64.
Citation Pennsylvania Commw. Court 184 MD 2008 Citation C.D. Cal. (Federal) 2:10-cv-01075 Justia - RECAP Citation Wash. Super. Ct. Thurston County No. 12-2-01763-5 Citation
65.
DISMISSAL AFFIRMED
---
No
Obama not a Defendant
In re McCains Ineligibility to Be on Presidential Primary Ballot in Pa., No. 184 MD 2008 (Pa. Commw. Ct. Mar. 13, 2008) (dismissing case challenging McCains eligibility), affd, 944 A.2d 75 (Pa. 2008); No
Gov. defended
66.
DISMISSED
---
---
Jones v. Obama, No. 2:10-cv-01075 (C.D. Cal. July 20, 2010) (dismissing case challenging Obamas eligibility); DISMISSED No. 878374 Motion for Accelerated Review DENIED (9/25) No
Obama not a Defendant
DISMISSED
67.
Jordan v. Secretary of State Sam Reed, No. 12-2-01763-5, 2012 WL 4739216 (Wash. Super. Ct. Aug. 27, 2012) (dismissing as frivolous plaintiffs complaint seeking to prevent state from including Obama on 2012 ballot);
Page 20 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket C.D. Cal. (Federal) No. 2:2011-cv-05440 RECAP | PACER Citation E.D. Kentucky (Federal) No. 3:11-cv-00027-DCR RECAP | PACER
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
68.
RELIEF DENIED Judd v. Cal. Secy of State et al, No. 2:2011-cv-05440 (C.D. Cal. Aug. 25, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds; referring to arguments as insubstantial or frivolous); RELIEF DENIED No
Obama not a Defendant
69.
Judd v. Secy of State of Kentucky, No. 3:11-cv-00027-DCR (E.D. Ky. Aug. 3, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds; stating that [a] cursory review of this document indicates that it is yet another frivolous filing from the plaintiff); RELIEF DENIED No
Obama not a Defendant
70.
Citation
Judd v. State Board of Elections of Virginia et al, No. 1:11-cv-00618 (E.D. Va. 2011 Aug. 8, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds; finding that Plaintiffs Motion to remove President Barack Obama from the 2012 ballot and to award all delegates to plaintiff, which is predicted on allegations that Obama was not born in the United States and is not a United States citizen, will be denied as frivolous);
Judd has filed more than 50 election cases and, in August 2012, filed motions for relief from prior judgments in which he alleged that Obama is not a natural born citizen and sought to remove Obama from 2012 election ballot. We did not include all these cases in the scorecard because the vast majority of them were summarily dismissed given that Judd has been declared a vexatious litigant. For a complete listing of the Judd cases, however, see below.
16
Page 21 of 75
WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket C.D. Cal.
71.
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
No DISMISSED
H
No. 8:12-cv-01507-DOC-AN
RECAP
Judd et al v. Obama et al, No. 8:12-cv-01507-DOC-AN (C.D. Cal. Oct. 17, 2012) (dismissing lawsuit Citation purportedly removed by plaintiffs from state court case, Taitz v. Obama, No. 30-2012 00582135, to federal court); C.D. Cal.
No. 8:12-cv-01888-DOC-AN RECAP
72.
DISMISSED
TBD
Judd et al v. Obama et al, No. 8:12-cv-01888-DOC-AN (C.D. Cal. Nov. 7, 2012) (dismissing lawsuit Citation stating election fraud, RICO, and various other claims seeking to prevent Obama from being on 2012 general election ballot (among other things); D. Nev. (Federal) 2:08cv01162 Justia - RECAP
H H H H
73.
DISMISSED
---
---
No
Obama not a Defendant
Judy v. McCain, No. 2:08cv01162 (D. Nev., Sept. 8, 2008) (dismissing case challenging McCains eligibility); DISMISSED DISMISSAL AFFIRMED19 --No
Obama not a Defendant
74.
Justice v. Fuddy, No. 1CC09-1-000783 (Haw. Cir. Ct. Oct. 9, 2009) (dismissing case seeking access to records allegedly relevant to Obamas eligibility), affd 253 P.3d 665 (Haw. Ct. App. 2011), as corrected (Apr. 26, 2011);
17 18 19
Additional parties include David Farrar, Leah Lax, Thomas G MacLeran, Larry Rappaport, Carol Vita, Lucien Vita. Additional parties include David Farrar, Leah Lax, Thomas G MacLeran, Larry Rappaport, Carol Vita, Lucien Vita. Note: Corrections to April 7, 2011 Opinion, issued on April 26, 2011 found here.
Page 22 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
75.
DISMISSED
3rd Circuit: 09-4209 DISMISSAL AFFIRMED Costs taxed against Kerchner Show Cause (Sanctions) Order Issued
H
No
Gov. defended
Citation
76.
Kerchner v. Obama, 669 F. Supp. 2d 477 (D.N.J. 2009) affd, 612 F.3d 204 (3d Cir. 2010), cert. denied, 131 S. Ct. 663 (2010); DISMISSED
H
Pennsylvania State Commonwealth Court No. 85 MD 2012 Citation Indiana Election Commission No. 2012-162 Citation
Yes
Kerchner v. Obama, No. 85 MD 2012 (Pa. Commw. Ct., Mar. 2, 2012) (dismissing complaint challenging Obamas eligibility to be on 2012 ballot); --Challenge DENIED
But see Taitz v. Indiana Election Commission, below
77.
---
Unknown
Kesler v. Obama, No. 2012-162 (Ind. Election Commn Feb. 24, 2012) (denying objection seeking to keep Obama off 2012 ballot on grounds that he is not a natural born citizen); CA Court of Appeals C06232 DISMISSAL AFFIRMED CA Supreme Court S188724 Petition for Review DENIED
78.
Yes
Citation
Last Updated: Dec. 21, 2012
Keyes v. Bowen, 189 Cal. App. 4th 647 (Cal. Ct. App. 2010) (affirming dismissal of case challenging Obamas eligibility), pet. for rev. denied, No. S188724 (Cal. Feb. 2, 2011), cert denied, 132 S. Ct. 99 (2011);
Page 23 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket US Army Administrative Law Division No Number Assigned Citation
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
79.
---
---
No
Obama not a Defendant
Lakin Complaint of Wrongs under Article 138, No Number Assigned (US Army Admin. Law Div. Dec 11, 2009); Not applicable (petition filed in appeals court) --No
Obama not a Defendant
80.
US Army Court of Criminal Petition for Writ of Mandamus Appeals DENIED No. ARMY MISC 20100778 Citation UCMJ Investigation MCAT-JA-SC Citation
Lakin v. Lind, No. ARMY MISC 20100778 (A. Ct. Crim. App. Oct. 12, 2010) (order) (denying petition for writ of mandamus to compel discovery factual matters allegedly relating to Obamas eligibility in court martial proceedings); Court Martial: GUILTY ----No
Obama not a Defendant
81.
United States v. Lakin, No. 20100995 (Mil. Dist. of Wash. DC Dec. 16, 2010) (court martial finding Lakin guilty of, among other things, failure to report to deploy; rejecting claim that his failure was based on legitimate questions as to Obamas eligibility), appeal withdrawn, (A. Ct. Crim. App. July 28, 2011)
Page 24 of 75
WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket New York Court of Claims No. 2012-039-319 Claim No. 120982-81370 Citation Lamb v. Obama et al Thomas A. Lamb Alaska Superior Court No. 3AN-12-09961CI Citation
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
82.
DISMISSED Laity v. State of New York, No. 2012-039-319, Claim No. 120982-81370 (dismissing claim brought against Board of Elections for rejecting plaintiffs objections to placement of Obama on 2012 ballot) Pending Lamb v. Obama et al, No. 3AN-12-09961CI (Alaska Super. Ct. filed Sept. 25, 2012) (complaint seeking, among other things, court order to release various records of Presidential candidates Barack Obama and Mitt Romney for purported purpose of proving eligibility to be President)
9th Circuit No. 12-16729 Voluntarily DISMISSED Motions for Injunction DENIED
83.
84.
DISMISSED
No
Obama not a Defendant
Citation
Liberty Legal Found. v. Natl Democratic Party of the USA, et al, No. 2:11-cv-02089-SRB (D Ariz. Jul. 11, 2011) (dismissing complaint seeking to prevent Obama from being on 2012 ballot; warning plaintiffs attorney that knowingly continuing to bring claims that have previously been dismissed may warrant sanctions in the future);
Page 25 of 75
WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket W.D. Tenn. Federal Court 2:12-cv-02143-STA-cgc
Justia - RECAP
85.
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
20
No
Obama not a Defendant
Citation
Liberty Legal Found., v. Natl Democratic Party of the USA, et al, No. 2:12-cv-2143, 2012 WL 2368448 (W.D. Tenn. Jun. 21, 2012) (dismissing complaint seeking to prevent Obama from being on 2012 ballot); see also --- F. Supp. 2d ---, 2012 WL 1252484 (W.D. Tenn. Apr. 13, 2012) (denying motion to remand because issue of natural born citizen interpretation is a federal issue); 2012 WL 3683492 (Aug. 24, 2012) (granting sanctions pursuant to 28 U.S.C. 1927: finding that [C]ounsel for Plaintiff reasonably should have known that all Plaintiffs lacked standing to bring this suit, the Court holds that Plaintiffs' claims were frivolous and without any arguable basis in law. As such, counsel for Plaintiff has multiplied the proceedings in this case unreasonably and vexatiously and should therefore be required to satisfy personally the attorneys' fees reasonably incurred by Defendants because of such conduct.), 2012 WL 6026856 (Dec. 4, 2012) (granting in part petition for attorneys fees); 2012 WL 6026496 (Dec. 4, 2012) (denying motion to reconsider order granting 1927 sanctions);
Action filed in Supreme Court
86.
DISMISSED
No
Obama not a Defendant
Lightfoot v. Bowen, No. S168690 (Cal. Dec. 5, 2008) (dismissing petition for writ of mandate and stay), application for stay denied, 129 S. Ct. 1053 No. 08A524 (Jan. 26, 2009); DISMISSED
87.
Maathai v. Obama, No. 3:12-cv-00910 (M.D. Tenn., Sept. 4, 2012) (dismissing purported whistleblower Citation case seeking ouster of President Obama on grounds that he does not qualify as natural born citizen due to alleged Kenyan birth and fact that he did not have two US citizen parents at birth);
20
Case removed from TN State Court - Chancery Court Shelby - No. CH-11-1757 | Docket.
Page 26 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
88.
DISMISSED
3rd Circuit: No. 11-3862 Voluntarily DISMISSED 3rd Circuit: No. 11-3967 DISMISSED
---
No
Court dismissed sua sponte
Mackay v. Obama, No. 2:11-CV-05458-JP (E.D. Pa. Oct. 6, 2011) (dismissing case challenging Obamas eligibility), appeal voluntarily dismissed, No. 11- 3862 (3rd Cir. Nov. 2, 2011), appeal dismissed, No 113967 (Dec. 8, 2011); DISMISSED ----No
Obama not a Defendant
Marquis v. Reed, No. 08-2-34955-1 SEA (Wash. King County Super. Ct. Oct. 27, 2008) (dismissing case challenging Obamas eligibility);
Action filed in Supreme Court
90.
APPLICATION DENIED
---
No
Obama not a Defendant
Martin v. Lingle, No. 29414, 2008 WL 4684786 (Haw. Oct. 22, 2008) (rejecting petition seeking disclosure of Obamas birth records allegedly related to his eligibility); Haw. Ct. Appeals APPEAL DISMISSED (Docket) Haw. Sup. Ct. Writ DENIED
H H
DISMISSED (Docket)
H H
---
No
Obama not a Defendant
91.
Citation
Martin v. Lingle, No. 1CC08-1-002147 (Haw. Cir. Ct. Jan. 12, 2009) (dismissing case seeking to compel disclosure of Obamas birth records based on challenge to his eligibility), recons. denied, (Jan. 27, 2009), appeal dismissed, No. 29643, 2009 WL 1669050 (Haw. Ct. App. June 9, 2009), cert. denied, No. 29643, 2009 WL 2372096 (Haw. Aug. 3, 2009);
Page 27 of 75
WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket Hawaii State District Court 1CC10-1-00096921 Citation Ill. Bd. of Elections Objection ID: 1305 Election ID: 33
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
92.
DISMISSED (Docket)22
---
---
No
Obama not a Defendant
Martin v. Bennett, No. 1CC10-1-000969 (Haw. Cir. Ct. Sept. 7, 2010) (dismissing case seeking to compel disclosure of Obamas birth records based on challenge to his eligibility); OVERRULED ----No
Obama not a Defendant
93.
Citation
Martin v. Obama, No. 12 SOEB GE 111 (Ill. Bd. Elections, Sept. 17, 2012) (overruling objection filed seeking to keep Obama off general election ballot in 2012 on grounds that he is not a natural born citizen; relying on prior decision in Freeman and Jackson primary challenges (12 SOEB GP 103 and 12 SOEB GP 104), which held that Obamas long form birth certificate sufficiently established birth in the United States); DENIED Not Applicable (Filed in State Supreme Court) -----
94.
Alabama Supreme Court No. 1110664 Citation Alabama Superior Court (Montgomery County) No. 3-CV-2012-001053 Citation
Mcinnish v. Chapman, No. 1110665 (Ala. Mar. 27, 2012) (denying petition for writ of mandamus to require secretary of state to order Obama to produce original birth certificate); DISMISSED Mcinnish v. Chapman, No. 03-CV-2012-001053(Al. Cir. Ct. Dec. 7, 2012) (granting motion to dismiss complaint challenging Obamas eligibility to be on the ballot);
95.
21 22
Actual case cannot be bookmarked, but can be located via search from this link. Actual order cannot be bookmarked, but can be located in case info after searching for case from this link.
Page 28 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket E.D. Wash. (Federal) 2:11-cv-00374-EFS Justia - RECAP Citation Illinois 22nd Judicial Dist. McHenry County, IL, Case No 09mr399 Citation Ill. Bd. of Elections Objection ID: 1242 | Election ID: 32 Citation Kansas. Bd. Elections No. ___________
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
96.
McLanahan v. Obama, No. 2:11-CV-00374-EFS (E.D. Wash. Oct. 13, 2011) (dismissing complaint challenging, among other things, Obamas eligibility); No
Obama not a Defendant
97.
Meroni et al v. McHenry County Grand Jury Foreman et al. Sharon A. Meroni Meroni et al v. Obama Sharon Meroni, Chris Cleveland, and Stephen Boulton Montgomery v. Obama Joe Montgomery
DENIED
---
---
Meroni v. McHenry Cty. Grand Jury Foreman, No. 09mr339 (Ill. Cir. Ct. (22nd Dist.) Jan. 20, 2010) (dismissing case seeking to compel grand jury investigation into Obamas eligibility); Voluntarily Withdrawn But still OVERRULED -----
98.
Meroni et al v. Obama, 12 SOEB GP 104 (Ill. Bd. of Elections Hearing Officer Recommendation Jan. 27, 2012) (Obamas birth certificate clearly establishes his eligibility for office as a Natural Born Citizen), objection overruled (Ill. State Bd. of Elections, Feb. 3, 2012); Voluntarily Withdrawn Yes
99.
Montgomery v. Obama, No. _______ (Kansas Bd. Of Elections, Sept __, 2012) (ballot challenge seeking to keep Obama of 2012 general election ballot on grounds he is not natural born citizen) DISMISSED
H
100.
---
---
No
Obama not a Defendant
Citation
Morrow v. Barak Humane Obama, No. 1:08-cv-22345 (S.D. Fla. Mar. 9, 2009) (dismissing complaint challenging Obamas eligibility);
Page 29 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket Ohio State Court Warren Cty. Com. Pleas Ct 2008CV72726
H
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
101.
---
---
No
Obama not a Defendant
Neal v. Brunner, No. 2008CV72726 (Ohio Ct. Com. Pl. Warren County Nov. 17, 2008) (dismissing case challenging Obamas eligibility); DISMISSED Sua Sponte
H
102.
Citation
103.
Neely v. Obama, 2:08-cv-15243 (E.D. Mich. Feb. 4, 2009) (dismissing case challenging, among other things, Obamas eligibility); Writ of Mandate DISMISSED
Yes
Noonan v. Bowen et al, No. 2012-80001048 (Cal. Sacramento Cty. Super. Ct., July 5, 2012) (dismissing case seeking to challenge Obamas eligibility to be on 2012 ballot); N/A originally filed in CA Supreme Court Application for Stay No. 12A606 DENIED by Justice Kennedy
104.
Noonan et al v. Bowen
Edward Noonan Thomas MacLeran Keith Judd Orly Taitz
PETITION DENIED
Citation
Noonan et al v. Bowen, No. S207078 (Cal. Dec. 6, 2012) (denying petition for writ of mandate/prohibition challenging 2012 election of Obama as President) ;
Page 30 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
Vermont Superior Court Washington County No. 611-8-12 Wncv Paige v. Obama H. Brooke Paige Citation
Pending Motion for TRO DENIED Finding Obama is NBC DISMISSED Finding Obama is NBC
Yes
105.
Paige v. Obama, No. 611-8-12 WNCV (Vt. Superior Ct., Nov. 14, 2012) (dismissing complaint seeking to prevent Obama from being placed in 2012 general election ballot; relying in Ankeny ( 916 N.E.2d 678) to find that persons born in U.S. is are 'natural born Citizens' for Article II, Section 1 purposes, regardless of the citizenship of their parents); see also Order Denying Motion for Temporary Restraining Order (Sept. 21, 2012) ([t]he common law of England, the American colonies, and later the United States, all support one interpretation only: "that persons born within the borders of the United States are 'natural born Citizens' for Article II, Section 1 purposes, regardless of the citizenship of their parents) ( citing Ankeny v. Governor of Indiana, 916 N.E.2d 678, 688 (Ind. Ct. App. 2010). No
Obama not a Defendant
106.
Illinois State Court, McHenry County No. 10CH000605 Docket Citation D.D.C. (Federal) 1:09-mc-00442-RCL Justia - RECAP
H H H H
DISMISSED
---
---
Patriots Heart Media Network v. Ill. Bd. of Elections, No. 10CH000605 (Ill. McHenry Cty. Chancery. Ct. Mar. 8, 2010) (dismissing case challenging Obamas eligibility to be on ballot); No DISMISSED ----Court dismissed sua sponte
107.
Citation
Patriots Heart Media Network, Inc. v. Soetoro, No. 1:09-mc-00442-RCL (D.D.C. Sept. 10, 2009) (rejecting request to convene grand jury to investigate Obamas eligibility; dismissing petition for lack of jurisdiction);
Page 31 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
3rd Circuit
108.
Writ DENIED
H
In Re Paul Andrew Mitchell, 304 F. Appx. 113 (3rd Cir., Dec. 22, 2008) (denying petition for writ of mandamus regarding challenge to Obamas eligibility); Objection DENIED - Obama Eligible (ALJ) Finding Obama is NBC Secretary of State Final Decision Finding Obama is NBC (Adopting ALJ Decision)
109.
See below
See below
Powell v. Obama, No. OSAH-SECSTATE-CE-1216823-60-MALIHI (Ga. Office of St. Admin. Hrg. Feb. 3, 2012) (rejecting challenge to Obamas eligibility to appear on 2012 ballot; finding that Obama was born in U.S. and is a natural born citizen), decision adopted as final (Ga. Secy State Feb. 7, 2012); Ga. Supreme Court. No. S12D1077 DENIED Emergency Motion for Injunction DENIED
---
Citation
Powell v. Obama, No. OSAH-SECSTATE-CE-1216823-60-MALIHI (Ga. Office of St. Admin. Hrg. Feb. 3, 2012) (rejecting challenge to Obamas eligibility to appear on 2012 ballot; finding that Obama was born in U.S. and is a natural born citizen), decision adopted as final (Ga. Secy State Feb. 7, 2012), appeal dismissed, No. 2012CV211528 (Ga. Fulton Cty. Super. Ct., Mar. 2, 2012), motion for injunction denied, No. S12D1077 (Ga. Mar. 13, 2012), appeal denied (Ga. Apr. 4, 2012);
23
Note: Paul Andrew Mitchell has sought to intervene in multiple birther cases of which this is just one. Because he filed substantive briefs with this case/appeal, it is included as a separate case.
Last Updated: Dec. 21, 2012 Page 32 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
110.
DISMISSED
No
Obama not a Defendant
Citation
Purpura v. Sebelius, No. 3:10-CV-04814, 2011 WL 1547768, (D. N.J. Apr. 21, 2011) (dismissing case challenging Patient Protection and Affordable Care on various grounds, including that was not signed into law by a person eligible to be President of the United States), affd, 446 F. Appx 496 (3d Cir. 2011) cert. denied, 132 S. Ct. 1037 (U.S. 2012) rehg denied, No. 11-7275, 2012 WL 538800 (U.S. Feb. 21, 2012); Challenge DENIED Finding Obama is NBC Initial Decision Adopted
111.
See below
---
Yes
Citation
Purpura v Obama, No. STE 04534-12, 2012 WL 1369003 (N.J. Adm. Apr. 10, 2012) (initial decision rejecting challenge to Obama's 2012 nominating position and finding that, assuming Obama was born in Hawaii, he is a "natural born citizen" eligible for the presidency per Ankeny and Wong Kim Ark), decision adopted as final (NJ Secy of State Apr. 12, 2012), affd, No. A-004478-11-T03, 2012 WL 1949041 (N.J. Super. Ct. App. Div. May 31, 2012) (per curiam).
24
Note: This case challenges the Patients Affordable Health Care Act on multiple grounds, including the charge that because Obama is not a natural born citizen his signing of the bill into law violated the Constitution.
Last Updated: Dec. 21, 2012 Page 33 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
Purpura et al v. Obama
Nicholas E. Purpura Theodore T. Moran
---
TBD
Purpura v Obama, No. A-004478-11-T03, 2012 WL 1949041 (N.J. Super. Ct. App. Div. May 31, 2012) (per curiam) (affirming N.J. Secy of State decision rejecting ballot challenge to Obama's 2012 nominating position and finding that, assuming Obama was born in Hawaii, he is a "natural born citizen" eligible for the presidency per Ankeny and Wong Kim Ark), cert denied, No. 071052 (N.J. Sept. 7, 2012); DISMISSED 1st Cir. No. 12-2406 Pending No
Obama not a defendants
112.
Reade v. Galvin, No. 1:12-cv-11492, 2012 WL 5385683 (D. Mass. Oct. 30, 2012) (dismissing complaint filed against Massachusetts Secretary of State for allegedly refusing to consider plaintiffs challenge to Obamas eligibility to be included on 2012 primary ballot; finding that Reade does not have standing to challenge eligibility in court); TRO DENIED; DISMISSED
H H H
113.
Citation
Rhodes v. Gates, 5:09-cv-00703-XR (W.D.Tex., Aug. 28, 2009) (denying TRO seeking to stay military orders due to challenge to Obamas eligibility);
25
The Appellate Court affirmed the Secretary of States Decision: We affirm substantially for the reasons set forthin ALJ Jeff S. Masin's thorough and thoughtful written opinion of April 10, 2012, as adopted by the Secretary on April 12,2012.
Last Updated: Dec. 21, 2012 Page 34 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
--11th Circuit Appeal of Sanctions Only Sanctions AFFIRMED Petition for Rehearing DENIED
114.
Citation
Rhodes v. MacDonald, No. 409-CV-106CDL, 2009 WL 2997605 (M.D. Ga. Sept. 16, 2009) (denying TRO seeking to stay military orders due to challenge to Obamas eligibility; criticizing complaint as frivolous), recons. denied, 2009 WL 3111834 (Sept. 18, 2009), subsequent order, 670 F. Supp. 2d 1363 (M.D. Ga. 2009) (imposing $20,000 sanction for violating Rule 11), affd, 368 Fed.Appx. 949, (11th Cir. 2010), rehg denied, No. 09-15418-BB (11th Cir. May 14, 2010), app. for stay denied, 131 S.Ct. 44 (2010), cert. denied, 131 S. Ct. 918 (2011); DISMISSED No
Obama not a Defendant
115.
Citation
Riethmiller v. Electors for State of Alabama, 2012 WL 5042026 (M.D. Ala. Oct. 2, 2012) report and recommendation adopted, 2:12-CV-823-WKW, 2012 WL 5045219 (M.D. Ala. Oct. 18, 2012) (dismissing claim seeking, among other things, injunction preventing defendants from placing candidate Obama on the ballot for the November 2012 election and declaration that Obama is ineligible to hold office of President as he is not a natural born citizen);
26
Multiple cases remain pending. For a complete list of the Riethmiller cases located to date, see below.
Page 35 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket D. Ariz. (Federal Court) No. 2:2012-cv-02034 PACER | RECAP
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
DISMISSED
No
Obama not a Defendant
116.
Citation
Riethmiller v. Electors for State of Arizona, No. 2:2012-cv-02034 (D. Ariz., Sept. 29, 2012) (order denying declaratory judgment and complaint seeking to enjoin the electors for the state of Arizona from casting a vote for President Obama because he is not a natural born citizen on grounds that complaint fails to meet FRCP Rule 8; granting plaintiff 30 days to file amended complaint); see also 2012 WL 5416603 (D.
DISMISSED
No
Obama not a Defendant
Annamarie Last Name Uncertain (Riethmiller) v.. Electors for the State of Delaware, No.
Citation 1:12cv1197-UNA (D. Del., Oct. 9, 2012) (dismissing complaint alleging, among other things, that Obama is ineligible for presidency on grounds he is not a natural born citizen).
118.
C.D. Ill. (Federal Court) Annamarie Last No No. 1:12-cv-01373-JES-JAG DISMISSED Name Uncertain Obama not a Defendant PACER | RECAP [Reithmiller] v. Electors for State of Annamarie Last Name Uncertain (Reithmiller) v. Electors for State of Illinois, No. 1:12-cv-01373-JES-JAG Illinois (C.D. Ill. Oct. 1, 2012) (dismissing and finding that birther-related complaint is frivolous, fails to state a Citation Annamarie legal claim over which this Court would have proper jurisdiction, and fails to even minimally comply with Riethmiller27 [FRCP 8]);
27
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket N.D. Ind. (Federal) No. 1:2012-cv-00335 PACER | RECAP
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
119.
DISMISSED
No
Obama not a Defendant
Riethmiller v. Electors for State of Indiana, No.1:2012-cv-00335 (N.D. Ind. Sept. 24, 2012) (order sua sponte dismissing, pursuant to 28 U.S.C. 1915(e)(2)(B)(i), frivolous complaint alleging, among other things, that Obama is ineligible for presidency on grounds he is not a natural born citizen and imposing filing restrictions on plaintiff for filing frivolous actions); DISMISSED No
Obama not a Defendant
120.
Citation M.D. La. (Federal) No. 1:2012-cv-601 PACER | RECAP Citation D. Me. (Federal Court) No. 1-12-cv-00293-DBH PACER | RECAP
Annamarie ? Last Name Uncertain v. Electors for Kentucky, 3:12-cv--602-H, 2012 WL 5398565 (W.D. La. Nov. 5, 2012) (relying on Berg v. Obama, 586 F.3d 234, 239 (3d Cir. 2009) to dismiss complaint on standing grounds, which sought (among other things) to prevent Obamas placement on 2012 general election ballot); DISMISSED No
Obama not a Defendant
121.
Annamarie [Reithmiller] v. Electors for State of Louisiana Annamarie Riethmiller Annamarie Last Name Uncertain [Reithmiller] v. Electors for State of Maine Annamarie Riethmiller
Annamarie v. Electors ex rel. Louisiana, 1:2012-cv-601-BAJ, 2012 WL 5878153 (M.D. La. Oct. 15, 2012) (recommending dismissal of complaint which included birther claims, as both fanciful and delusional, which fail as a matter of law) Order Adopting Recommendations and Dismissing Case (Nov. 21, 2012) DISMISSED No
Obama not a Defendant
122.
Citation
Annamarie Last Name Uncertain v Electors for the State of Maine, No. 1-12-cv-00293-DBH (D. Me. Sep 27, 2012) (magistrate recommendation to dismiss case sua sponte pursuant to 28 U.S.C. 1915 (e)(2)(B) because the action is frivolous and fails to state a claim ) Sept. 27, 2012 (order adopting recommendation and dismissing case with prejudice).
Page 37 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name
123.
Original Decision Original Tribunal Case No. Docket D. Me. (Federal Court) No. 1-12-cv-00293-DBH RECAP | PACER
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
Annamarie Last Name Uncertain [Reithmiller] v. Electors for State of Michigan Annamarie Riethmiller Annamarie Last Name Uncertain [Reithmiller] v. Electors for State of Mississippi Annamarie Riethmiller
DISMISSED
No
Obama not a Defendant
Citation S.D. Miss. (Federal Court) No. 3:12-cv-00671 RECAP | PACER Citation
Annamarie Last Name Uncertain (Riethmiller) v. Electors for the State of Michigan No. 1:2012-cv-01043 (W.D. Mich., Oct. 12, 2012) ((Oct. 12, 2012) (magistrate report and recommendation that complaint alleging, among other things, that Obama is ineligible for presidency on grounds he is not a natural born citizen be dismissed), Order Dismissing Case (Nov. 1, 2012); DISMISSED No
Obama not a Defendant
124.
[Reithmiller] Annamarie LNU v. Electors for State of Mississippi, No. 3:12-cv-00671-TSL-MTP (S.D. Miss. Oct. 10, 2012) (magistrates order recommending dismissal of birther compliant), Order (Oct. 30. 2012) adopting recommendation and dismissing case as frivolous);
Page 38 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name
125.
Original Decision Original Tribunal Case No. Docket E.D. Mo. (Federal Court) No. 4:12-cv-01739-CAS RECAP | PACER; Citation D. Mont. (Federal Court) No. 9:12-cv-00164
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
Annamarie LNU [Riethmiller] v. Electors for State of Missouri Annamarie Riethmiller Annamarie LNU [Riethmiller] v. Electors for State of Montana Annamarie Riethmiller
DISMISSED
No
Obama not a Defendant
Riethmiller v. Electors for State of Missouri, No. 4:12-cv-01739-CAS (E.D. Mo. Sept. 27, 2012) (sua sponte and summarily dismissing, as frivolous, case seeking, among other things, declaration that Obama is not a natural born citizen and finding that appeal could not be taken in good faith) DISMISSED No
Obama not a Defendant
126.
RECAP | PACER
Citation D. Neb. (Federal Court) No. 8:12-cv-00348 RECAP | PACER
Annamarie Last Name Uncertain v. Electors ex rel. Montana, No. 9:12-cv-00164-DLC-JCL, 2012 WL 5879607 (D. Mont. Oct. 17, 2012) (dismissing complaint alleging, among other things, that Obama is ineligible for presidency on grounds he is not a natural born citizen, as frivolous). DISMISSED No
Obama not a Defendant
127.
Citation
Annamarie Last Name Uncertain (Riethmiller) v. Electors for the State of Nebraska , No. 8:12-cv-00348RGK-PRSE, 2012 WL 5874371 (D. Neb., docketed Sept. 27, 2012) (dismissing complaint alleging, among other things, that Obama is ineligible for presidency; The 52-page Complaint submitted by Plaintiff consists of, at best, nonsensical and rambling statements regarding President Barack Obamas citizenship and his eligibility to be President of the United States on grounds he is not a natural born citizen)
Page 39 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket W.D.N.Y. No. 1:12cv906-RJA RECAP | PACER;
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
128.
Annamarie LNU [Riethmiller] v. Electors for State of New York Annamarie Riethmiller
DISMISSED
No
Obama not a Defendant
Annamarie Last Name Uncertain (Riethmiller) v. Electors for the State of New York, No. 1:12cv906-RJA (W.D.N.Y. Oct. 3, 2012) (order sua sponte and summarily dismissing, as frivolous, complaint alleging, among other things, that Obama is ineligible for presidency on grounds he is not a natural born citizen; finding that appeal cannot be taken in good faith) ; No
Obama not a Defendant
129.
DISMISSED
Last Name Uncertain v. Electors for Ohio, No. 5:2012-mc-00122, 2012 WL 5304734 (N.D. Ohio Oct. 25, 2012) (dismissing complaint alleging, among other things, that Obama is ineligible for presidency on grounds he is not a natural born citizen); DISMISSED No
Obama not a Defendant
130.
No. 2:12-cv-05767-ER
RECAP | PACER
Annamarie Last Name Uncertain (Riethmiller) v. Electors for the State of Pennsylvania, No. 2:12-cv05767-ER (E.D. Pa. Oct. 17, 2012) (The complaint, which asserts that President Obama is not a suitable presidential candidate and seeks his removal from the ballot in the 2012 presidential election, is dismissed as frivolous pursuant to 28 U.S.C. 1915(e)(2)(B)(i));
131.
Annamarie LNU No. 1:12-cv-00058-JPJ-PMS No DISMISSED [Riethmiller] v. Obama not a Defendant PACER | RECAP Electors for State of Virginia Annamarie Last Name Uncertain (Riethmiller) v. Electors for the State of Virginia, No. 1:12-cv-00058-JPJAnnamarie PMS, 2012 WL 4742363 (W.D. Va. Oct 4, 2012) (dismissing case challenging Obamas eligibility for the Riethmiller Citation
Page 40 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name
132.
Original Decision Original Tribunal Case No. Docket E.D. Washington (Federal) No. 2:12-cv-00548-TOR RECAP | PACER. Citation W.D. Wis. (Federal Court) No. 1:12-cv-00977-WCG PACER | RECAP Citation Indiana Election Commission No. 2012-163
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
Annamarie LNU [Riethmiller] v. Electors for State of Washington Annamarie Riethmiller Annamarie LNU [Riethmiller] v. Electors for State of Wisconsin Annamarie Riethmiller
DISMISSED
No
Obama not a Defendant
Riethmiller v Electors for the State of Washington, No. 2:12-cv-00548-TOR (E.D. Wash. Sept. 26, 2012) (sua sponte order dismissing birther complaint as frivolous pursuant to 28 U.S.C. 1915(e)(2)(B)); No
Obama not a Defendant
133.
DISMISSED
Annamarie LNU v. Electors for the State of Wisconsin, No. 1:12-cv-00977-WCG (E.D. Wis. Sept. 27, 2012) (sua sponte dismissing, for failure to comply with FRCP 8, complaint alleging, among other things, that Obama is ineligible for presidency on grounds he is not a natural born citizen); --Challenge DENIED
But see Taitz v. Indiana Election Commission, below
134.
---
No
Citation
135.
Ripley v. Obama, No. 2012-163 (Ind. Election Commn Feb. 24, 2012) (denying objection seeking to keep Obama off 2012 ballot on grounds that he is not a natural born citizen); DISMISSED
H
---
---
No
Obama not a Defendant
Citation
Robinson v. Bowen, 567 F. Supp. 2d 1144 (N.D. Cal. 2008) (dismissing case challenging McCains eligibility);
Page 41 of 75
WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name
136.
Original Decision Original Tribunal Case No. Docket W.D. Wash. (Federal) 2:08cv01519 Justia - RECAP
H H H H
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
DISMISSED
Recommendation & Order
H H
Citation South Dakota Board of Elections Citation Pennsylvania Supreme Court 199 MM 2008
Roy v. Fed. Election Commn, 2:08cv01519, 2008 WL 4921263 (W.D. Wash. Nov. 14, 2008) (dismissing case challenging eligibility of Obama and McCain);
OBJECTION DISMISSED
137.
---
---
Unknown
Scheveck v. Obama, No Number Assigned (S.D. Bd. of Elections May 11, 2011) (dismissing HAVA complaint challenging Obamas eligibility to appear on ballot);
N/A: Original filing in Supreme Court
Application DENIED
H
138.
Application (08A592) DENIED No Writ (08-9797) Obama not a Defendant DISMISSED with comments
H H H
Citation
Schneller v. Cortes, No. 199 MM 2008 (Pa. Jan. 8, 2009) (denying emergency application challenging Obamas eligibility), pet. for cert. dismissed, 129 S. Ct. 2830 (2009) (finding that Schneller has repeatedly abused this Court's process and directing Clerk to reject any further petitions in noncriminal matters from Schneller unless he docketing fee is paid and petition is submitted in compliance with Court rules); DISMISSED DISMISSED Reconsideration DENIED
See Note in 212 MD 2012
139.
---
Yes
Schneller v. Obama, No. 75 MD 2012 (Pa. Commw. Ct., Mar. 2. 2012) (dismissing complaint challenging Citation Obamas eligibility to be on 2012 ballot), appeal dismissed, No. 24 MAP 2012 (Pa. Mar. 23, 2012), recons. denied (Pa. Apr. 26, 2012).
28
Note: Kamal Kama Roy has filed well over a dozen lawsuits, many naming Obama. Although the pleadings are utterly unintelligible, at least a few of his pleadings have included references to various birther claims. The courts always dismiss these cases, typically sua sponte, a frivolous and unintelligible, shortly after he files them.
H H
Page 42 of 75
WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket Pennsylvania Commonwealth Court 212 MD 2012
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
DISMISSED
140.
No
Obama not a Defendant
Citation
Schneller v. Corbett et al, No. 212 MD 201 (Pa. Commw. Ct., May 25, 2012) (dismissing multiple claims relating to natural born citizen issue, including purported quo warranto action on grounds that Obama is ineligible to be President and action to compel state election board to hold hearing on Obamas eligibility), appeal docketed , No. 55 MAP 2012 (Pa., filed June 4, 2012). Petition for Writ of Mandamus No. 12-5040 DENIED Dismissal AFFIRMED No. 12-5198 Petition for Writ of Certiorari No. 11-1185 DENIED No
Government Defended
DISMISSED
Sibley v. Obama, 866 F.Supp.2d 17 (D.D.C. Jun. 6, 2012) (dismissing complaint containing, among other things, a petition for writs quo warranto to remove President Obama from his current office and, also or alternatively, to bar him from running for the office of president again in the upcoming November election), affirmed per curiam No. 12-5198 (D.C. Cir. Dec. 6, 2012) (granting summary affirmance and stating that Sibleys claims are without merit). See also Sibley v. Obama, No. 12-5040 (D.C. Cir. Mar. 6, 2012) (denying petition for writ of mandamus to compel district court to rule on complaint and various motions), rehg and rehg en bank denied (May 4, 2012), cert denied No. 11-1185 (U.S. Jun. 4, 2012);
142.
DISMISSED
No
Obama not a Defendant
Sibley v. D.C. Board of Elections & Ethics, No. 12 AA 516 (D.C. Ct. App. May 29, 2012) (dismissing complaint seeking to prevent Obama from appearing on 2012 primary ballot).
Page 43 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name
143.
Original Decision Original Tribunal Case No. Docket D.C. Superior Court No. 2012 CA 004892 Citation D.C. Court of Appeals No. 12 AA 1498 Citation
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
Sibley v. DC Bd. of Elections Montgomery Sibley Sibley v. DC Bd. of Elections Montgomery Sibley
DISMISSED
No
Obama not a Defendant
Sibley v. D.C. Board of Elections and Ethics, No. 2012 CA 004892 B (D.C. Super. Ct., Sept. 7, 2012) (dismissing complaint seeking to prevent Obama from appearing on 2012 general election ballot); DISMISSED
1. n/a case brought in Court of Appeals 2. Petition for Writ of Certiorari No. 12-467
No
Obama not a Defendant
144.
Pending
Sibley v. D.C. Board of Elections & Ethics, No. 12 AA 1498 (D.C. Ct. App., Sept. 18, 2012) (dismissing complaint challenging Obamas eligibility to be on 2012 general election ballot); rehg denied (Oct. 2, 2012)..
Page 44 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket D.C. Cir. (Federal) 1:12-cv-01832 Justia | RECAP Citation D.C. Cir. (Federal) 1:12-cv-01984-JDB29 Justia | RECAP Citation D.C. Court of Appeals No. 12-AA-1906B Citation Alabama State Court Montgomery County CV-2008-001906.00 30
H H HF
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
145.
DISMISSED
Yes
Sibley v. Obama, No. 1:12-cv-01832 (D.D.C. Dec. 19, 2012) (dismissing purported quo warranto suit asking court to compel Obama to demonstrate that he is a natural born citizen). Pending No
Obama not a Defendant
146.
Sibley v. Alexander et al Montgomery Sibley Sibley v. DC Bd. of Elections Montgomery Sibley Sorensen v. Riley (Obama & McCain) Harold Sorenson
Sibley v. Obama, No. 2012-CA-008644 B (D.D.C. removed from DC Super. Ct. Dec. 12, 2012) (purported quo warranto suit asking court to compel Obama to demonstrate that he is a natural born citizen). Pending No
Obama not a Defendant
147.
Sibley v. D.C. Board of Elections & Ethics, 12-AA-1906B (D.C. Ct. App., Sept. 18, 2012) (complaint challenging Obamas 2012 election); No DISMISSED ----State defended; No Obama atty appeared
148.
Sorenson v. Riley, No. CV-2008-001906.00 (Ala. Montgomery Cty. Cir. Ct. Jan. 1, 2009) (dismissing complaint challenging Obamas and McCains eligibility); No
Obama not a Defendant
149.
DISMISSED
---
---
Sorenson v. Kennedy, No. 01-CV-2011-0023.00 (Ala. Montgomery Cty. Cir. Ct. Jan. 19, 2012) (dismissing complaint challenging Obamas eligibility to be on 2012 ballot);
29 30
Removed to federal court; case originally filed in D.C. Superior Court (No. 2012-CA-008644 B). Note: Requires paid subscription to access court documents: Complaint; Motion to Dismiss; Motion to Dismiss Granted.
H H H H H H
Page 45 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket Ohio State Court Erie County C.P. 2008CV1116 Citation N.D. Ohio (Federal) 1:08-cv-02593-JG Justia - RECAP
H H H
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
150.
---
---
No
Obama not a Defendant
Spuck v. Secretary of State, No. 2008CV1116 (Ohio Erie County Ct. Com. Pl. ____, 2008) (dismissing case challenging Obamas eligibility); DISMISSED
H
151.
Stamper v. United States, No. 1:08 CV 2593, 2008 WL 4838073 (N.D. Ohio Nov. 4, 2008) (dismissing case challenging McCains and Obamas eligibility, finding that appeal could not be taken in good faith); ----No
Obama not a Defendant
152.
DISMISSED
H
Strunk v. Patterson, No. 029641/2008 (N.Y. King County Supr. Ct. Nov. 3, 2008) (dismissing case seeking to stay 2008 election on various grounds); MOTION FOR PROTECTIVE ORDER DENIED 31
F
153.
Consolidated app. for appeal (w/ 2011 case below) N.Y. App. Ct. (2nd Dept) Case No. 2011-11561
---
No
Obama not a Defendant
DISMISSED Strunk v. Patterson, No. 029642/2008 (N.Y. King County Supr. Ct. Nov. 24, 2009) (denying motion for subpoenas to multiple government agencies for documents allegedly relating to Obamas eligibility and denying motion for protective order);
Citation
31
Note: On November 24, 2009, the Trial Court declined to enter a protective order requested by Strunk in this case. In 2010 and 2011, the docket reflects multiple orders denying Strunk motions. Defendants have never appeared in the case. Thus, while the docket does not indicate that the case is closed, all motions have been ruled upon and Strunks request for relief has been denied.
H H
Page 46 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket E.D.N.Y. (Federal Court) 1:08cv04289 Justia - RECAP Citation
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
154.
DISMISSED
---
No
Obama not a Defendant
Strunk v. N.Y. State Bd. of Elections, No. 1:08-cv-04289-ARR-LB (E.D.N.Y. Oct. 30, 2008) (dismissing case challenging, among other things, Obamas eligibility, as irrational and frivolous and finding that appeal could not be taken in good faith), appeal dismissed, No. 08-5422 (2d Cir. Nov. 14, 2008);
Page 47 of 75
WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
PARTIALLY DISMISSED
as to requests to Customs & Border Patrol (related to Dunham records only)
Pre-Trial Disposition DC Circuit: 08-5503 HWrit DISMISSED HReconsideration DENIED DC Circuit: 09-5322 Writ of Mandamus DENIED
No
Obama not a Defendant
Citation
Strunk v. U.S. Dept. of State, 693 F. Supp. 2d 112 (D.D.C. Cir. 2010) (FOIA case seeking records from various agencies relating to Obama and his mother) (granting motion to dismiss to extent Strunk sought information relating to Obama; denying Strunks request for mandamus relief and for quo warranto action; granting stay of discovery) mandamus denied, No. 08-5503 (D.C. Cir. Jan. 8, 2009), mandamus denied, No. 09-5322 (D.C. Cir. Nov. 25, 2009), appeal dismissed, No. 10-5092, (D.C. Cir. Aug. 26, 2010); see also Strunk v. U.S. Dept. of State, 770 F.Supp.2d 10 (D.D.C. 2011) (granting summary judgment as to Department of State; finding that agency had demonstrated full compliance with the FOIA; determining that CBP had not yet demonstrated that its search for responsive records was adequate); 845 F. Supp. 2d 38, 47 (D.D.C. 2012) (finding that CBP demonstrated its search for responsive records was adequate and reasonable and that it properly withheld information under FOIA Exemption 6; however, CBP had not demonstrated that it properly withheld information under Exemption 7(E)); 2012 WL 577763 (D.D.C. Feb. 15, 2012) (ordering CPB to file renewed motion for summary judgment with respect to the information withheld under Exemption 7(E)); --- F. Supp. ----, 2012 WL 5875653 (D.D.C. Nov. 21, 2012) (finding that CBP properly has withheld information from the one-page document containing travel information about Stanley Ann Dunham and granting summary judgment on that issue; further finding that since all agencies had demonstrated compliance with the FOIA and entitlement to judgment as a matter of law, final judgment in favor of defendants was proper);
32
Note: Strunk has filed multiple additional nonbirther cases against Obama and/or the Federal Government, including, but not limited to the following: 1:2008cv01196; 1:2009cv01249; and 1:2009cv01295.
H H H H H H
Page 48 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket D.D.C. Federal Court No. 1:10-cv-00486-RCL
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
156.
DISMISSED
Strunk v. Obama, No. 1:10-cv-00486-RCL (Jan. 1, 2011) (dismissing purported quo warrranto and qui tam Citation action which alleged that Obama was not eligible to be President), 2012 WL 3113947 (D.D.C. Aug. 1, 2012) (denying as frivolous motion for leave to amend to reassert claims and supplement claims). N.Y. App. Ct. (2nd Dept) No. 2011-11561 Appeal as of Right DISMISSED New York Kings County Supreme (Trial) Court 006500/2011 DISMISSED Consolidated app. for appeal Rejecting Birther 2-Parent (w/ 2008 case above) NBC Argument N.Y. App. Ct. (2nd Dept) Case No. 2011-11561 OSC re Sanctions Issued DISMISSED
Appeal Pending 2nd Division
Yes
157.
No. M14547334 Strunk v. NY Bd. of Elections et al, 35 Misc. 3d 1208(A), 2012 WL 1205117, 2012 N.Y. Slip Op. 50614 (N.Y. Sup. Ct. Apr. 11, 2012) (dismissing complaint challenging, among other things, President Obamas eligibility to his office; expressly rejecting the birther claim that Obama is ineligible on the basis of his fathers citizenship as frivolous, and issuing a show cause order as to why sanctions should not be imposed upon plaintiff); Objection OVERRULED ----No
Obama not a Defendant
Citation
158.
In re Objection of Christopher-Earl: Strunk, No Number Assigned, (N.Y Board of Elections Determination Feb. 28, 2012) (rejecting petition challenging Obamas eligibility to be on 2012 ballot and finding that petition designating Obama as candidate is valid);
33
D.C. Circuit Court of Appeals issued order on Sept. 13, 2012, holding appeal in abeyance pending the district court's resolution of Appellant's motion for leave to proceed on appeal in forma pauperis.
34
Per Oct. 26, 2012 order, Strunk has until February 13, 2012 to perfect his appeal/file briefs.
Page 49 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
DISMISSED
H
No. 08-140-MM
---
No
Obama not a Defendant
Stumpo v. Gov. of Michigan, No. 08-140-MM (Mich. Dist. Ct. (30th) Mar. 31, 2009) (granting summary disposition in case filed challenging Obamas eligibility), appeal dismissed, No. 291681 (Mich. Ct. App. June 3, 2009), recons. denied (Oct. 1, 2009); DISMISSED (per Citizen Wells)
H H
160.
---
---
No
Obama not a Defendant
Sullivan v. N.C. Secy of State, No. 08CV-1076 (N.C. Super. Ct. Oct. 29, 2008) (dismissing case challenging Obamas eligibility); DISMISSED (per RSOL & NBC)
H H H H
161.
---
---
No
Obama not a Defendant
Citation Hawaii State District Court 1st Circuit No. 1cc12-1-000006 Citation
Sullivan v. Marshall, No. 08CVS-021393 (N.C. Super. Ct. Mar. 16, 2009) (dismissing case challenging Obamas eligibility); DISMISSED Pending Haw. Ct. App. No. CAAP-12-0000501 No
Not a defendant
162.
---
Sunahara v. Haw. Dept. of Health, No. 1cc12-1-000006 (Haw. 1st Dist. Ct., Mar. 8, 2012) (complaint seeking access to birth/death records of Sunahara based on alleged connection to Obamas eligibility);
35 36
Note: There appears to have been one other case filed by Sullivan, Sullivan v. Secretary of State for North Carolina (class action), No. #08CV1153.
This is classified as a birther case because plaintiffs believe that the birth certificate of Virginia Sunahara who died shortly after birth was used for Obamas birth certificate.
Last Updated: Dec. 21, 2012 Page 50 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket D.D.C. (Federal Court) 1:09-mc-00346-RCL Justia - RECAP
H H H H
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
163.
In re Super Am. Grand Jury, No. 1:09-mc-00346-RCL (D.D.C. July 2, 2009) (denying leave to file grand jury presentment challenging Obamas eligibility); Objection DENIED - Obama Eligible (ALJ) Finding Obama is NBC Secretary of State Final Decision Finding Obama is NBC (Adopting ALJ Decision) Yes (in papers; not at hearing)
164.
See below
Swensson v. Obama, No. OSAH-SECSTATE-CE-1216218-60-MALIHI (Ga. Office of St. Admin. Hrg. Feb. 3, 2012) (rejecting challenge to Obamas eligibility to appear on 2012 ballot; finding that Obama was born in U.S. and is a natural born citizen), decision adopted as final (Ga. Secy State Feb. 7, 2012); Ga. Supreme Court. No. S12D1076 DENIED Emergency Motion for Injunction DENIED No --Dismissed before Attorney entered appearance
Citation
Swensson v. Obama, No. OSAH-SECSTATE-CE-1216218-60-MALIHI (Ga. Office of St. Admin. Hrg. Feb. 3, 2012) (rejecting challenge to Obamas eligibility to appear on 2012 ballot; finding that Obama was born in U.S. and is a natural born citizen), decision adopted as final (Ga. Secy State Feb. 7, 2012)., appeal dismissed, Swensson v. Obama, No. 2012CV211527 (Ga. Fulton Cty. Super. Ct., Mar. 2, 2012), motion for injunction denied, No. S12D1076 (Ga. Mar. 13, 2012), appeal denied (Ga. Apr. 4, 2012); Challenge DENIED --But see Taitz v. Obama, below --No
165.
Swihart v. Obama, No. 2012-176 (Ind. Election Commn Feb. 24, 2012) (denying objection seeking to keep Obama off 2012 ballot on grounds that he is not a natural born citizen);
Page 51 of 75
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
166.
---
---
No
Gov. defended
Taitz v. Obama, 707 F. Supp. 2d 1 (D.D.C. 2010) (dismissing complaint challenging Obamas eligibility), recons. denied, No. 1:10-cv-00151 (D.D.C. June 18, 2010), 2d mot. for recons. denied, 754 F.Supp.2d 57 (D.D.C. 2010); DISMISSED Reconsideration DENIED
H
167.
Taitz v. Astrue
(FOIA)
Application for Stay Reportedly filed Sept 2012 but not on SCOTUS docket
No
Obama not a Defendant
Orly Taitz
Taitz v. Astrue, 806 F. Supp. 2d 214 (D.D.C. 2011) (dismissing FOIA complaint seeking documents allegedly related to Obamas eligibility), recons. denied (Oct. 17, 2011), affd No. 11- 5304, 2012 WL 1930959 (D.C. Cir. May 25, 2012); D.C. Cir. No. 11-5306 DISMISSAL AFFIRMED DISMISSED D.C. Cir. No. 11-5329 Petition for Writ of Mandamus DISMISSED -----
168.
Taitz v. Ruemmler
(FOIA)
Orly Taitz Citation D. Haw. (Federal Court) 1:11-cv-00519-SOM -RLP37 Justia - RECAP Citation
Taitz v. Ruemmler, No. 1:11- CV-01421, 2011 WL 4916936 (D.D.C. Oct. 17, 2011) (dismissing FOIA complaint seeking documents allegedly related to Obamas eligibility), mandamus dismissed, No. 11-5329 (D.C. Cir. Jan. 23, 2012), affd, No. 11-5306, 2012 WL 1922284 (D.C. Cir. May 25, 2012); DISMISSED
(Motion Denied)
169.
Taitz v. Astrue
(Companion to DC FOIA)
---
---
No
Obama not a Defendant
Orly Taitz
Taitz v. Astrue, No. 1:11-cv-00519-SOM -RLP (D. Haw. Oct. 26, 2011) (rejecting ex parte application to compel discovery regarding Obamas eligibility in related case pending in the District of Columbia);
37
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
170.
DISMISSED Rehearing DENIED Motion [for] Reciprocal Subpoena Enforcement DENIED Ex Parte Amended Motion for Reconsideration DENIED
No
Obama not a Defendant
Citation New Hampshire Ballot Law Commission Case No. BLC 2011-4 Citation Hawaii Office of Elections Citation New Hampshire Supreme Court Case No. 2011-0880 Citation
Taitz v. Fuddy, No. 1CC11-1-001731 (Haw. 1st Cir. Ct. Nov. 10, 2011) (dismissing appeal of agency refusal to grant access to documents allegedly related to Obamas eligibility), recons. denied (Jan. 6, 2012), recons. denied (Feb. 7, 2012);
PETITION DISMISSED Reconsideration DENIED
171.
Taitz v. Obama, No. BLC 2011-4 (N.H. Ballot Law Commn Nov. 18, 2011) (dismissing petition challenging Obamas eligibility to be on 2012 ballot), recons. denied (Nov. 28, 2011); appeal denied, Taitz v. Gardner, No. 2011-0880 (N.H. Dec. 27, 2011);
PETITION REJECTED
---
No
Petition Rejected
172.
Taitz v. Obama, No. Number Assigned (Haw. Office of Elections Dec. 2, 2011) (rejecting petition seeking to challenge Obamas eligibility to be on 2012 ballot and demand for emergency hearing re: same); Application DENIED
N/A: Original filing in Supreme Court
173.
No
Obama not a Defendant
Taitz v. Gardner, No. 2011-0880 (N.H. Dec. 27, 2011) (denying petition for original jurisdiction and/or appeal challenging order entered by N.H. Ballot Law Commn in Taitz v. Obama, No. BLC 2011-4 (N.H. Ballot Law Commn Nov. 18, 2011)).
38
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket Hawaii Supreme Court SPCW-12-000014 Citation Indiana Election Commission No Number Assigned Citation
176.
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+ N/A: Original filing in Supreme Court
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
DENIED
No
Obama not a Defendant
174.
Taitz v. Nishimura, No. SPCW-12-000014, 2012 WL 120367 (Haw. Jan. 12, 2012) (denying petition for writ of mandamus to force circuit court judge to issue order forcing Dept. of Health to grant access to documents allegedly related to Obamas eligibility); --Challenge DENIED
But see Taitz v. Indiana Election Commission, below
175.
---
No
Obama not a Defendant
Taitz v. Obama, No Number Assigned (Ind. Election Div. Feb. 16, 2012) (notice to Taitz that her election challenge could not be accepted due to failure to follow appropriate procedures); No Pending
Removed to Fed Court 4/25/12
S.D. Miss (Federal Court)39 3:12-cv-00280-HTW-LRA Justia | RECAP Citation Indiana Marion County Superior Court #49D141203MI012046
Taitz v. Democrat Party of Miss. et al, No. 3:12-cv-00280-HTW-LRA (S.D. Miss., pending case bringing RICO charges and challenging Obamas eligibility to be on 2012 ballot, removed to federal court Apr. 24, 2012); Motion for Injunction DENIED Case DISMISSED No
Obama not a Defendant
177.
Citation
Taitz et al v. Ind. Elec. Commn. et al, No. 49D0103MI012046 (Ind. Marion County Super. Ct. June 12, 2012) (dismissing election contest bought by multiple plaintiffs challenging election boards rejection of challenges seeking to exclude Obama from 2012 ballot and seeking to prohibit Indiana Secretary of State from including Obama on ballot; permitting Taitz to amend complaint to allege other causes of action); Order dismissing amended complaint in its entirety (Nov. 5, 2012) (dismissing amended complaint stating claims for declaratory and injunctive relief regarding Obamas eligibility to be on the ballot);
39
Originally filed Mississippi Circuit Court (1st Judicial District), No. 251-12-107CIV.
Page 54 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
178.
C.D. Cal. No. 8:12-cv-01092-DMG-JC DISMISSED Taitz v. Sebelius et RECAP al Taitz v. Sebelius, No. 12-cv-01092-DMG-JC (C.D. Cal. Aug. 16, 2012) (dismissing, on lack of venue Orly Taitz Citation grounds, complaint seeking, among other things, to invalidate the Affordable Health Care Acts validity, on grounds that Obama was not eligible to serve as President when he signed it); N.D. Tex. No. 3:12-cv-03251-P RECAP DISMISSED
179.
Taitz v. Sebelius, No. 3:12-cv-03251-P (N.D. Tex. Nov. 20, 2012) (complaint seeking, among other things, to invalidate the Affordable Health Care Acts validity, on grounds that Obama was not eligible to serve as Citation President when he signed it), Judgment (Nov. 26, 2012) (dismissing case with prejudice and assessing costs against Plaintiff); Cal. Superior Court Orange County No. 30-2012 00582135
180.
Taitz v. Obama, No. 30-2012 00582135 (Cal. Super. Ct. July 13, 2012) (denying emergency motion to Citation stay certification of primary election results on grounds that Obama not eligible to serve as President (among others)); Order (Nov. 7, 2012) (dismissing case with prejudice); Kansas District Court Shawnee County No. 12C 001027 Citation DISMISSED Taitz et al v. Kobach, No. 12CI027 (Kan. Dist. Ct., Nov. 5, 2012) (dismissing complaint seeking, among other things, to prevent placement of Obama on the 2012 general election ballot);
181.
Taitz et al v. Kobach et al
40
Taitz attempted to remove this case to federal court, apparently abandoning the state claims. See Judd v. Obama et al, supra. However, the federal court dismissed that lawsuit.
Page 55 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket J.P.M.L. No. 2417 Citation
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
DISMISSED In re Orley [sic] Taitz Litigation, No. 2417 (JPML Oct. 31, 2012) (order striking motion to transfer and closing case). GA Supreme Court No. S09D0284 DISMISSED; Reconsideration DENIED No. S09A1373 DISMISSED
H H H
182.
DISMISSED (Docket)
H H
---
No
Obama not a Defendant
Terry v. Handel, No. 2008cv158774 (Ga,. Super. Ct. (Fulton County), Oct. 24, 2008) (dismissing case challenging Obamas eligibility), appeal dismissed, No. S09D0284 (Ga. Dec. 3, 2008), recons. denied, (Ga. Jan. 12, 2009), appeal dismissed, No. S09A1373 (Ga. May 18, 2009); No DISMISSED
H
183.
Thomas v. Hosemann41 Daniel Scott Thomas Thomas v. Hosemann Daniel Scott Thomas
---
---
Voluntarily dismissed
Thomas v. Hosemann, No. 1:08-mc-00280 (D. Haw. Dec. 18, 2008) (dismissing action seeking to compel Hawaii Dept. of Health to provide access to documents allegedly related to Obamas eligibility); Voluntarily DISMISSED
H
184.
---
---
No
Obama not a Defendant
Citation
Thomas v. Hosemann, No. 2:08-cv-00241-KS-MTP (S.D. Miss. Dec. 18, 2008) (voluntarily dismissing complaint challenging Obamas eligibility; case dismissed with prejudice);
41
Note: This case was actually an ancillary case to the Mississippi case noted below. After filing the Mississippi case, Thomas filed a subpoena duces tecum seeking to compel discovery in Hawaii. When the Mississippi case was dismissed, the ancillary Hawaii case was likewise dismissed.
Last Updated: Dec. 21, 2012 Page 56 of 75 WhatsYourEvidence.com
BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket Alabama St. Clair-Pell County Cir. Ct. 75-CV-2012-000003.00 Citation New York Board of Elections No Number Assigned Citation E.D. Va. (Federal Court) 3:12-cv-00036-JAG
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
185.
DISMISSED
No
Obama not a Defendant
Thompson v. Kennedy, No. 75-CV-2012-000003.00 (Ala. St. Clair-Pell Cty. Cir. Ct. Jan. 13, 2012) (dismissing complaint challenging Obamas eligibility to be on 2012 ballot); Objection OVERRULED In re Objection of Julianne Thompson, No Number Assigned, (N.Y Board of Elections Determination Feb. 28, 2011) (rejecting petition challenging Obamas eligibility to be on 2012 ballot and finding that petition designating Obama as candidate is valid); DISMISSED Finding Obama is NBC AFFIRMED Finding Obama is NBC42 No. 12-1124 No
Court dismissed sua sponte
186.
187.
Tisdale v. Obama, No. 3:12-cv-00036-JAG (E.D. Va. Jan. 23, 2012) (dismissing complaint challenging Obamas eligibility; finding that Obama is natural born citizen because he was born in Hawaii), affd, No. 12-1124 (4th Cir. Jun 5, 2012) (per curiam). Objection OVERRULED In re Objection of H. William Van Allen, No Number Assigned, (N.Y. Board of Elections Determination Feb. 28, 2011) (rejecting petition challenging Obamas eligibility to be on 2012 ballot and finding that petition designating Obama as candidate is valid);
188.
42
The Fourth Circuit affirmed the lower courts decision for the reasons stated by the district court).
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket New York State Supreme Court, Albany County No. 178712
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
189.
Van Allen v. N.Y. State Bd. of Elections, 36 Misc. 3d 1212(A) (N.Y. Sup. Ct. Jul. 9, 2012) (dismissing Citation petition for writ of mandamus, emergency injunctive relief and declaratory relief regarding definition of natural born citizen); North Carolina Board of Elections No Number Assigned Citation No Petition Rejected
Petition rejected sua sponte
190.
Vestal v. Obama
Vestal v. Obama, No Number Assigned (N.C. Bd. of Elections Dec. 13, 2011) (rejecting attempt to file election challenge petition and obtain emergency hearing to challenge Obamas eligibity to be on the 2012 ballot).
191.
Florida Pending DISMISSED Yes Leon County Circuit Court Fla. 1st DCA Finding Obama is NBC 37 2012 CA 000467 No. 1D12-3489 Voeltz v. Obama et al Voeltz v. Obama, No. 37 2012 CA 000467, 2012 WL 2524874 (Fla. Cir. Ct. June 29, 2012) (dismissing Michael C. Voeltz complaint challenging Obamas eligibility to be on 2012 ballot; finding that persons born in US are natural Citation born citizens per Wong Kim Ark and Ankeny, regardless of parentage and rejecting birther argument to the contrary);
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket Florida Leon County Circuit Court 37 2012 CA 002063
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22
Obama Defense 1
F
Yes
192.
Voeltz v. Obama, No. 37 2012 CA 002063, 2012 WL 4117478 (Fla. Cir. Ct. Sept. 6, 2012) (dismissing complaint seeking declaration that Obama is not eligible for presidency because he was not born in US and Citation was not born to two US citizen parents; finding that persons born in US are natural born citizens per Wong Kim Ark and Ankeny, regardless of parentage and rejecting birther argument to the contrary; reserving for later ruling motion for sanctions);
193.
Florida Voeltz v. Obama et Leon County Circuit Court Pending 37 2012 CA 003857 al Michael C. Voeltz Voeltz v. Obama, 37 2012 CA 003857 (Fla. Cir. Ct. , filed Nov. 29, 2012) (third birther compliant filed b Citation Voeltz regarding Obamas eligibility to the presidency); Volodarsky v. Obama Leonard Volodarsky New York Board of Elections No Number Assigned Citation Georgia Office of State Administrative Hearings OSAH-SECSTATE-CE1215137-60-MALIHI Citation Objection OVERRULED In re Objection of Leonard Volodarsky, No Number Assigned, (N.Y Board of Elections Determination Feb. 28, 2011) (rejecting petition challenging Obamas eligibility to be on 2012 ballot and finding that petition designating Obama as candidate is valid); Objection DENIED - Obama Eligible (ALJ) Finding Obama is NBC Secretary of State Final Decision Finding Obama is NBC (Adopting ALJ Decision)
194.
-----
Yes
195.
Welden v. Obama, No. OSAH-SECSTATE-CE-1215137-60-MALIHI (Ga. Office of St. Admin. Hrg. Feb. 3, 2012) (rejecting challenge to Obamas eligibility to appear on 2012 ballot; finding that Obama was born in U.S. and is a natural born citizen), decision adopted as final (Ga. Secy State Feb. 7, 2012).
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BIRTHER SCORECARD
CLICK HERE FOR BIRTHER STRING CITE. Court: Blue Agency: Green Case Caption Plaintiffs full name Original Decision Original Tribunal Case No. Docket
Total Actions: 198 Birthers win: 0 Birthers lose: 190 Pending: 8
Appeal(s)
Total Appellate Court Rulings1: >70+ Birthers win: 0 Birthers lose: >70+
US Supreme Court
Total Supreme Court Rulings1: 22 Birthers win: 0 Birthers lose: 22 Petition for Cert
Obama Defense 1
F
Georgia State Court Fulton County Superior Ct 2012CV211527 Welden v. Obama David P. Welden Citation
Ga. Supreme Court No. S12D1059 DENIED Emergency Motion for Injunction DENIED
Welden v. Obama, No. OSAH-SECSTATE-CE-1215137-60-MALIHI (Ga. Office of St. Admin. Hrg. Feb. 3, 2012) (rejecting challenge to Obamas eligibility to appear on 2012 ballot; finding that Obama was born in U.S. and is a natural born citizen), decision adopted as final (Ga. Secy State Feb. 7, 2012), appeal dismissed, No. 2012CV211527 (Ga. Fulton Cty. Super. Ct., Mar. 2, 2012), motion for injunction denied, No. S12D1059 (Ga. Mar. 13, 2012), appeal denied (Ga. Apr. 4, 2012) , cert denied, No. 12-5 (U.S. Sept. 24, 2012); --Challenge DENIED
But see Taitz v. Indiana Election Commission, above
196.
Indiana Election Commission No. 2012-161 Citation Hawaii State Court 1st Circuit 1CC11-1-002276 Citation Connecticut Supreme Court SC 18264 Citation
---
Weyl v. Obama, No. 2012-161(Ind. Election Commn Feb. 24, 2012) (denying objection seeking to keep Obama off 2012 ballot on grounds that he is not a natural born citizen) (written decision unavailable but video of hearing is available at http://www.in.gov/sos/022412_Video_3.html (last visited April 11, 2012)); DISMISSED Pending Haw. Ct. App. CAAP-12-0000499 No
Obama not a Defendant
197.
Wolf v. Fuddy, No. 1CC11-1-002276 (Haw. 1st Cir. Ct. Sept. 30, 2011) (dismissing case seeking to compel disclosure of documents allegedly related to Obamas eligibility);
Action filed in Supreme Court
198.
DISMISSED
H
Wrotnowski v. Bysiewicz, 958 A.2d 709 (Conn. 2008) (dismissing case challenging Obamas eligibility), application for stay denied, 129 S.Ct. 775 (2008);
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Court Decision on Motion It is ORDERED that the motion for relief from judgment, etc. (doc. no. 19) is denied.
Judd v. Secy of State of Alabama, No 2:11-cv00437 (M.D. Ala. Aug 10, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds ); Judd v. Secy of State of Alabama, No. 2:11-cv00333 (M.D. Ala.)
No motion re: Obama/NBC issue currently on file. [Noting that Judd had previously been declared vexatious litigant] In this circumstance, plaintiffs complaint was dismissed without prejudice on procedural grounds. His complaint would not have been dismissed if he had shown that he was in imminent danger of serious physical injury. He did not do so at that time and does not do so now. Instead, plaintiff raises arguments which may have been appropriate had his complaint been dismissed on the merits. Thus, he has failed to demonstrate a justification for relief so compelling that the district court was required to grant [the] motion. Id. at 806. Accordingly, his motion is DENIED. The court dismissed this pro se 1983 action without prejudice pursuant to 28 U.S.C. 1915(g) on June 6, 2011. (Doc. The Eleventh Circuit dismissed the plaintiffs appeal on October 18, 2011. (Doc. 10). The Court DENIES the motion. (Doc. 13). Plaintiff Judd did not pay the filing fee required to proceed with a civil action in federal court. His application for leave to proceed without prepayment of fees was denied. Judd appealed that decision, but his appeal was dismissed as frivolous. This case is closed. The motions filed by Judd at dockets 14, 15, and 16 are therefore DENIED. The court will not entertain any further motions, letters or other documents from Judd. If Judd sends further papers relating to this case, the Clerk of Court shall not file them, but instead shall mail them back to Judd.
2.
Judd v. State of Alabama, No. 1:11-cv-00282KD-M (S.D. Ala. Sept. 13, 2012 order)
3.
Judd v. Secy of State of Alabama, No. 2:11-cv01753-KOB-TMP (N.D. Ala. Nov. 20, 2012) (denying motion); Judd v. Office of the Lieutenant Governor of Alaska, Elections Division et al, No. 3:11-cv00123-JWS (D. Alaska Aug. 24, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);
RECAP | PACER
4.
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Court Decision on Motion Plaintiff Keith Russell Judd, who is confined in the Federal Correctional InstitutionTexarkana in Texarkana, Texas, filed a pro se civil rights Complaint pursuant to 42 U.S.C. 1983 and Application to Proceed In Forma Pauperis. On July 13, 2011, the Court dismissed this action under the three strikes provision of 28 U.S.C. 1915(g). Plaintiff filed a Notice of Appeal. On October 24, 2011, the Ninth Circuit Court of Appeals issued a mandate dismissing the appeal and stating because the appeal is so insubstantial as to not warrant further review, it shall not be permitted to proceed. On August 2, 2012, Plaintiff filed a Motion for Relief from Judgment (Doc. 15). The Court has reviewed the pleadings, its orders, and the order of the Ninth Circuit and finds no reason to reconsider dismissal of this action. IT IS ORDERED that Plaintiffs August 2, 2012 Motion for Relief from Judgment (Doc. 15) is denied. This case must remain closed. Pending is Plaintiffs pro se Motion for Relief from Judgment and Motion to Amend for Court Order to Register all Convicted and Incarcerated Felons to Vote in all Federal Elections and for Order to Remove Barack Obama from States 2012 Presidential Primary (Doc. No. 19). The Motion is DENIED.
Judd v. Arizona Secy of State, No. 2:2011-cv01058 (D. Ariz. , motion filed Aug. 2, 2012 order)
6.
Judd v. Arkansas Secy of State, No. 4:11-cv00447-BRW (E.D. Ark. Aug. 3, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds); Judd v. Secretary of State of Arkansas et al, No. 4:2011-cv-04049 (W.D. Ark.)
TEXT ONLY ORDER denying 23 Motion for Leave to File, as the proposed motion does not allege that movant is in imminent danger of serious physical injury, is procedurally improper, and substantively without merit. Signed by Honorable P. K. Holmes, III on August 31, 2012. (jlg) (Entered: 08/31/2012) Unclear docket does not reflect an order addressing motion, but appeal apparently re: pending motion has been filed. Petitioner now moves for relief from judgment under the Twenty-Fourth Amendment, to amend the court order to register all convicted and incarcerated felons, and for an order to remove Barack Obama from the States 2012 presidential primary election ballot/caucus and award all delegated to himself, a Democratic presidential candidate. *** The Court finds nothing in Plaintiffs allegations in his motion to reconsider that merits reconsideration. Plaintiffs arguments regarding a convicted felons right to vote were previously addressed in the order of dismissal. Plaintiffs request that the Court order that he be awarded presidential delegates is not the subject of this action and do not justify reconsideration of the Courts Order of Dismissal. Similarly, President Obamas citizenship status is not at issue in this case.
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7.
Judd v. Cal. Secy of State et al, No. 2:2011-cv01557 (E.D. Cal., docketed Aug. 2, 2012) (pending) Judd v. Cal. Secy of State et al, No. 3:2011-cv02805 (N.D. Cal. Aug. 27,. 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);
8.
Court Decision on Motion "...The Court has reviewed its previous order, the Ninth Circuits order, Plaintiffs present motion, and the other filings in this case. (Doc. Nos. 3, 6 & 9.) The Court concludes that Plaintiff has failed to demonstrate that relief from judgment is warranted. For example, Plaintiff fails to articulate any mistake made by this Court, Plaintiff fails to provide any newly discovered evidence, Plaintiff fails to identify any fraud by an opposing party, and Plaintiff fails to provide any other reason that justifies relief. See Fed. R. Civ. P. 60(b). Plaintiffs motion does not address[] the Courts previous basis for dismissing this action. Furthermore, Plaintiff is not entitled to proceed in this matter without payment of the filing fee. See 28 U.S.C. 1915(g). ..." Plaintiffs motion for relief from judgment (ECF No. 17) is DENIED because Plaintiff fails to present any argument that addresses the basis for the order dismissing this action.
Judd v. Cal. Secy of State et al, No. 3:2011-cv01287 (S.D. Cal. Aug. 17, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);
10.
Judd v. Secy of State of Colorado, Civil Case No.1:11-cv-01399-LTB (D. Colo. Aug 7, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds); Judd v. Conn. Secy of St. et al, No. 3:11-cv00879-MRK (D. Conn. Aug. 6, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds); Judd v. Secretary of State of Delaware et al, No. 1:11-cv-00512-GMS (D. Del. Aug 6, 2012 order) (remark rejecting attempt to file motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds, because case closed and appeal terminated)
No case found
11.
Docket Entry Only: The Court dismissed Mr. Judd's suit because he did not pay the required filing fee, but Mr. Judd's motion does not address this issue, much less provide a valid reason for relief from judgment under Rule 60(b).
12.
Docket Entry Only: Not Accepted: ECF #13: Document titled "Motion for Relief from Judgment or Order Under Twenty Fourth Amendment" - (docketed, but not set up as a pending Motion since case is closed and appeal has been terminated)
D.C.
No case found
13.
Judd v. Secy of State of Florida, Civil Case No. 4:11-cv-00234-SPM-WCS (N.D. Fla. Aug. 6, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);;
Upon consideration, Plaintiffs motion for relief from judgment (doc. 22) is denied. Plaintiff is not under imminent danger of serious physical injury and he is not entitled to proceed without payment of the filing fee. 28 U.S.C. 1915(g). Any appeal of this matter is not taken in good faith. 28 U.S.C. 1915(a)(3).
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Court Decision on Motion Docket Entry only: ORDER denying 17 Motion as frivolous. Signed by Chief Judge Anne C. Conway on 8/7/2012. (Conway, Anne) (Entered: 08/07/2012 order).
Judd v. Secy of State of Florida, Civil Case No. 6:11-cv-00867-ACC-KRS (N.D. Fla. Aug. 7, 2012 order) (denying, as frivolous, motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds) Judd v. Ga. Secy of State. et al, No. 2:11-cv00089-LGW-JEG (S.D. Ga. Aug. 10, 2012 order) (dismissing motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds) Judd v. Ga. Secy of State. et al, No. 1:11-cv01797-WSD (N.D. Ga. Sept. 26, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds)
15.
By Order dated June 1, 2011, this case was transferred to [N.D. Ga.]. As this case is closed in this court, Plaintiff's motion(s) are dismissed.
16.
Plaintiffs Motion for Reconsideration is untimely and inappropriate. The Court entered its order on the Magistrate Judges Final R&R more than a year before Plaintiff filed his Motion for Reconsideration. Plaintiff does not present any coherent explanation or legal basis for reconsideration based on the existence of newly discovered evidence, an intervening development or change in controlling law, or a need to correct a clear error of law or fact. Justice does not here require granting Plaintiff relief from the Courts Order, and Plaintiffs Motion for Reconsideration is denied. Docket Entry: This is a text only entry; no document issued. ORDER denying as patently frivolous 18 Motion for Relief from Judgment or Order Under Twenty Fourth Amendment, etc. On June 16, 2011, this Court denied Plaintiff motion to proceed in forma pauperis and dismissed his case without prejudice. Should Plaintiff wish to proceed on his claims, he must submit a new complaint, together with the required filing fee. Ordered by Judge C. Ashley Royal on 9/25/2012. (ssh) (Entered: 09/25/2012 order) No motion re: Obama/NBC issue currently on file. Plaintiff, a Texas inmate, has accumulated three strikes, and was ordered to pay the filing fee if he wished to proceed with his suit. (Dkt. 12.) Plaintiff failed to pay the filing fee, and his case was dismissed. (Dkt. 15, 16.) Plaintiff has filed a Motion for Relief from Judgment. (Dkt. 19.) While Federal Rule of Civil Procedure 60 outlines several bases for relief from judgment, Plaintiffs Motion fails to set forth any factual basis that would support relief from judgment in this instance. Accordingly, Plaintiffs Motion for Relief from Judgment (Dkt. 19) is DENIED.
No case found
17.
Judd v. Ga. Secy of State. et al, No. 5:11-cv00233-CAR-CHW (M.D. Ga. Sept. 25, 2012 order) (denying, as patently frivolous, motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds); Judd v. Office of Elections of Hawaii, No. 11-cv00365 (D. Hi.)
18.
Judd v. Idaho, 1:11-cv-00277-EJL (D. Idaho Oct 1, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);
No case found
Illinois
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Jurisdiction
Indiana
Judd v. Secy of State of Iowa, No. 5:11-cv04050-MWB (N.D. Iowa Aug. 27, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds); Judd v. State of Iowa, Civil Case No. 4:11-cv00253-JAJ (S.D. Iowa Aug. 3, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);
This matter is before the court on the plaintiffs motion for relief from judgment (docket no. 19). The plaintiff filed such motion on August 1, 2012. The court dismissed this case over a year ago. Moreover, given the fact that the plaintiff never properly commenced a civil action, there is no reason to address the plaintiffs reasserted claims; the fact that the plaintiff is not entitled to the advantages of proceeding in forma pauperis has not changed. Accordingly, the plaintiffs motion for relief from judgment (docket no. 19) is denied. Plaintiff is an inmate of the Federal Correctional Institution in Texarkana, Texas. He brought this action under 42 U.S.C. 1983, requesting injunctive relief to have his name added to the 2012 Presidential Primary Election Ballot as a Democratic Candidate for President of the United States of America. The Court determined Plaintiff had three or more civil actions or appeals dismissed as frivolous, and as such, was barred from bringing a civil action without prepayment of fees unless the prisoner is under imminent danger of serious physical injury. 28 U.S.C. 1915(g). Plaintiff did not show he was in imminent danger of serious physical injury, and the case was dismissed. His appeal was dismissed for failure to prosecute. . . . Plaintiff now moves for relief from judgment, requesting the restoration of the right to vote for felons (released or incarcerated) and to remove President Barack Obama from the 2012 Presidential ballot. Under Federal Rule of Civil Procedure 60(b), the court may relieve a party from a final judgment for mistake, inadvertence, newly discovered evidence, fraud, void judgment, satisfaction of judgment, or any other reason that justifies relief. Plaintiff does not specify the reason for seeking relief from judgment, and neither is the court able to identify any meritorious basis for granting relief from judgment. The motion [ECF No. 16] is denied.
20.
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Court Decision on Motion This action was dismissed and all relief was denied by order entered July 15, 2011, on account of plaintiffs failure to pay the filing fee. Mr. Judd is a three-strikes litigant and made no showing of imminent danger. Plaintiff filed a Notice of Appeal, and on October 4, 2011, his appeal was dismissed. This matter is currently before the court upon another post-judgment motion filed by plaintiff, which generally re-argues his claims and argues new claims. He has also filed a second notice of appeal purportedly to the Supreme Court with respect to the pending post-judgment motion. The court finds that the post-judgment motion contains no valid ground for relief from judgment or for any of the other orders sought therein. * * *
Judd v. Kansas, State of et al, No. 5:2011-cv03104 (S.D. Kan. Sept. 18, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);
22.
Judd v. Ky. Secy of St. et al, No. 3:11-cv-00346JGH (W.D. Ky. Aug. 20, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);
Plaintiff has now filed a motion for relief from judgment under the 24th Amendment (DN 22). He does not address his failure to pay the filing fee or comply with the Orders of this Court. He simply discusses the Democratic primary and posits his theory that President Obama is not a citizen of the United States. As such, Plaintiff offers no reason that he should be entitled to relief from the prior judgment of this Court
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Jurisdiction Louisiana
*Judd prohibited from filing here.43
Court Decision on Motion "It is ordered that Petitioner's Motion for Relief from Judgment is denied as petitioner has presented no legal grounds for relief."
Judd v. La. Secy of St. et al, No. 2:11-cv-01501KDE-JCW (E.D. La Aug. 24, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds); Judd v. La. Secy of St. et al, No. 3:11-cv-00870RGJ-KLH (W.D. La. Aug. 10, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);
RECAP | PACER
24.
Louisiana
*Judd prohibited from filing here.
RECAP | PACER
IT IS ORDERED that Plaintiff Keith Russell Judds Motion for Relief from Judgment or Order Under Twenty Fourth Amendment; And Motion to Amend for Court Order to Register All Convicted and Incarcerated Felons to Vote in All Federal Elections and Caucuses and Democratic National Convention; and For Order to Remove Barack Obama from States 2012 Presidential Primary Election Ballot/Caucus and Award All Delegates to Keith Judd, Democratic Presidential Candidate [Doc. No. 21] is DENIED. As of this date, Judd has not provided the Court with evidence that he paid the sanctions ordered by the United States Court of Appeals for the Fifth Circuit. Further, his case is now on appeal to that court. No motion re: Obama/NBC issue currently on file.
43
See Judd v. Sec'y of State of Louisiana, No. 1130920, 461 F. App'x 399, 401 (5th Cir. 2012) (Judd is ORDERED to pay a sanction in the amount of $500 to the clerk of this court. Even after satisfaction of all sanction orders, Judd may not file any civil action in a district court of this circuit, or any pleading or notice of appeal with this court, without first obtaining leave of the court in which he seeks to file such action, pleading, or notice. When seeking leave of court, Judd must certify that the claim he wishes to present is a new one that has never before either been raised and disposed of on the merits or remains pending in any federal court. Upon failure thus to certify or upon false certification, Judd may be sanctioned and punished accordingly.)
Last Updated: Dec. 21, 2012 Page 67 of 75 WhatsYourEvidence.com
Court Decision on Motion On June 30, 2011, I adopted the Recommended Decision of the Magistrate Judge and Ordered this lawsuit dismissed for lack of prosecution. Judgment entered against the plaintiff on July 1, 2011. On July 12, 2011, I denied his motion to reopen the case and his motion to stay. The plaintiff appealed and on January 10, 2012, the Court of Appeals for the First Circuit dismissed his appeal as untimely. Now on August 2, 2012, he has filed a Motion for Relief from Judgment or Order Under Twenty Fourth Amendment; and Motion to Amend for Court Order to Register All Convicted and Incarcerated Felons to Vote in All Federal Elections and Caucuses and Democratic National Convention; and for Order to Remove Barack Obama from States 2012 Presidential Primary Election Ballot/Caucus and Award All Delegates to Keith Judd, Democratic Presidential Candidate. (ECF No. 23). The motion is DENIED. Final judgment has already been entered in the case and his appeal was dismissed. The Twenty-fourth Amendment provides no basis for opening a case that has already been closed.
Judd v. Secy of State of Maine, No. 11-cv-00212 (D. Me. Aug. 3, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);
26.
Judd v. State Board of Elections of Maryland, No. 11-cv-01447-RDB (D. Maryland Aug. 3, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds); Judd v. Secy of the Commonwealth of Massachusetts, No. 11-mc-009407 (D. Mass.) (dismissed as frivolous)
No case found No case found
Docket Text Only: ORDER Denying 15 Motion for Relief From Judgment. Signed by Judge Richard D Bennett on 08/03/2012. (Entered: 08/03/2012)
27.
Judd v. Missouri et al, No. 2:11-cv-04146-ODS (W.D. Mo. Aug 27, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);
Plaintiff has filed a Motion for Relief from Judgment and other various motions. Defendant has not responded and the time for doing so has passed. Plaintiffs motions raise arguments that have been repeatedly rejected and offers no reason justifying a different outcome. Plaintiffs motions are denied.
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Court Decision on Motion It is hereby ordered that plaintiffs motion for relief from judgment is denied as patently frivolous.
Judd v. Secretary of State of Mississippi et al, No. 3:2011-cv-00351 (S.D. Miss. Aug.23, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds); Judd v. Secretary of State of Mississippi et al, No. 1:2011-cv-00138 (N.D. Miss., Motion filed Aug. 6, 2012) Judd v. Secretary of State of Montana et al, No. 11-cv-00080 (D. Mont. Aug. 2, 2012 order) (striking motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);
29.
Mississippi *Judd prohibited from filing here. RECAP | PACER Montana RECAP | PACER
Docket does not reflect an order addressing motion, but appeal apparently re: pending motion has been filed and subsequently dismissed for want of prosecution. On May 27, 2011, this Court issued an Order denying Mr. Judd's Motion to Proceed in Forma Pauperis based upon the three strikes provision of28 U.S.C. 1915(g). This Order provided that no motions for reconsideration or rehearing would be entertained. Dkt.4. Judgment was entered on May 27, 2011. Dkt. 5. Mr. Judd filed a Notice of Appeal on September 21,2011. Dkt. 9. On October 18, 2011, the Ninth Circuit issued an Order finding that the appeal was so insubstantial as to not warrant further review and no motions for reconsideration would be considered. Dkt. 10. This matter is has been closed for over a year and this Court and the Ninth Circuit Court of Appeals have indicated that no motions for reconsideration would be considered.
30.
No case found
31.
Nebraska
No case found
Judd v. Nev. Secy of St. et al, No. 2:11-cv-00853JCM PAL (D. Nev. Aug. 6, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);
Mr. Judd has failed to establish any of the three factors for reconsideration. Instead, approximately eight months after this court entered its order, Mr. Judd has filed a motion seeking to reinstate the lawsuit on the same grounds, and arguing the same theories45, that were previously dismissed as frivolous. The court conducted a de novo review of Mr. Judds contentions at the time it affirmed the magistrates report and recommendation, has done so again, and continues to find Mr. Judds contentions lacking an arguable basis in law and fact.
44
See Judd v. Sec'y of State of Louisiana, No. 1130920, 461 F. App'x 399, 401 (5th Cir. 2012) (Judd is ORDERED to pay a sanction in the amount of $500 to the clerk of this court. Even after satisfaction of all sanction orders, Judd may not file any civil action in a district court of this circuit, or any pleading or notice of appeal with this court, without first obtaining leave of the court in which he seeks to file such action, pleading, or notice. When seeking leave of court, Judd must certify that the claim he wishes to present is a new one that has never before either been raised and disposed of on the merits or remains pending in any federal court. Upon failure thus to certify or upon false certification, Judd may be sanctioned and punished accordingly.)
45
Note that prior order did not address any claim regarding Obamas status as natural born citizen,
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Court Decision on Motion Unclear docket does not reflect an order addressing motion, but appeal apparently re: pending motion has been filed.
No case found
Judd v. N.H. Secy of St. et al, No. 1:11-fp-00259 (D.N.H., motion filed Aug. 6, 2012)
No case found
Judd v. Lappin et al, No. 1:2011-cv-00400 (D.N.M.) Judd v. Lappin et al, No. 1:2011-cv-00290 (D.N.M.)
33.
New Mexico RECAP | PACER New Mexico RECAP | PACER New York
Motion not reflected on docket. No motion re: Obama/NBC issue currently on file. Pending
Judd v. State Election Board of New York et al, No. 1:11-cv-00571-DNH-RFT (N.D.N.Y., motion filed Aug. 2, 2012) RECAP | PACER Judd v. State Election Board of New York et al, No. 1:2011-cv-04242 (S.D.N.Y.) Judd v. State Election Board of New York et al, No. 6:2011-cv-06286 (W.D.N.Y.) Judd v. State Bd. Of Elections of N. Carolina, No. 1:2011-cv-00488 (M.D.N.C.)
New York RECAP | PACER New York RECAP | PACER North Carolina RECAP | PACER North Dakota) RECAP | PACER
No motion re: Obama/NBC issue currently on file. No motion re: Obama/NBC issue currently on file. No motion re: Obama/NBC issue currently on file. Recommendation: On August 6, 2012, Judd filed a document with the court captioned Motion for Relief from Judgement or Order Under Twenty Fourth Amendment; and Motion to Amend for Court Order to Register All Convicted and Incarcerated Felons to Vote in All Federal Elections and Caucuses and Democratic National Convention; and for Order to Remove Barack Obama from States 2012 Presidential Primary Election Ballot/Caucus and Award All Delegates to Keith Judd, Democratic Presidential Candidate. *** In his motion, Judd does not assert any of above enumerated grounds for granting him relief or otherwise show exceptional circumstances warranting such relief. Rather, he reasserts the claims set forth in his proposed complaint and further asserts a challenge to President Obamas citizenship. Rule 60(b) is not a vehicle for simple reargument on the merits. Broadway v. Norris, 193 F.3d 987, 990 (8th Cir. 1999). Given Judds failure to demonstrate the existence of any exceptional circumstances, the undersigned finds no basis for granting Judd the relief he seeks. Accordingly, the undersigned recommends that his motion (Docket No. 19) be DENIED.
34.
Judd v. Secretary of State of North Dakota et al, No. 1:2011-cv-00053 (D.N.D. Aug. 13, 2012 recommendation and order) (recommendation to deny motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds), order adopting Recommendation (Sept. 4, 2012)
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Court Decision on Motion Order summarized in docket: Order Plaintiff's Motion for Relief from Judgment (Doc. No. 14 ) is denied. Further, the Clerk is directed to return, unfiled, any additional filings tendered by Plaintiff in this case. Finally, Plaintiff is hereby forewarned that the filing of any new frivolous actions in this Court may, without further notice, result in an order enjoining him from filing cases here without obtaining leave of court. The August 3, 2012 Motion [Doc. No. 32] is denied. The judgment [Doc. No. 33] from which Plaintiff purports to seek relief is a judgment dismissing this action without prejudice because Plaintiff failed to respond to the Courts Order denying his motion to proceed in forma pauperis and directing payment of the filing fee required to proceed with this action. In the current motion, Plaintiff fails to address any of the bases for the Order and the subsequent Judgment. Instead, he asserts arguments having nothing to do with the requirements for in forma pauperis status or the findings set out in the July 30, 2012 Order and subsequent Judgment. The August 23, 2012 Motion [Doc. No. 38] is stricken, as it is merely a duplicate of the August 3, 2012 Motion. On August 8, 2012, or more than ten (10) months after dismissal of the appeal, Plaintiff filed a motion for relief from judgment or order under Twenty Fourth Amendment (Dkt. # 16). He requests the Court to order, inter alia, that all convicted and incarcerated felons be registered to vote, that President Barack Obama be removed from the 2012 presidential ballot, and that all delegates be award to Plaintiff. Plaintiff never paid the $350 filing fee for this action. This Court has determined, on numerous occasions, that Plaintiff is subject to the three-strikes rule of 28 U.S.C. 1915(g). He has not provided any relevant legal authority to support a claim that the statute is unconstitutional or does not apply to him. For all the reasons discussed in prior Orders (Dkt. #s 3 and 7), the Court finds that Plaintiffs arguments asserted in his motion for relief from judgment under the Twenty Fourth Amendment are frivolous and without merit. His motion shall be denied. Docket Entry: MINUTE ORDER by Judge Ronald A. White denying 17 Motion for Relief (dma, Deputy Clerk) (Entered: 08/07/2012)
Judd v. Secretary of State of Ohio et al, No. 1:11cv-01200-SL (D. Ohio Aug. 6, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds); Judd v. Oklahoma State Election Board et al, No. 5:11-cv-00624 (W.D. Okla, Oct. 1, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds)
36.
37.
Judd v. Oklahoma State Election Board et al, No. 4:11-cv-00331-GKF-PJC (N.D. Okla. Aug. 29, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds)
38.
Judd v. Oklahoma State Election Board et al, No. 11-cv-00183 (E.D. Okla. Aug. 7, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds)
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Court Decision on Motion Plaintiff initiated this suit on May 25, 2011, seeking an injunction forcing his placement on Oregon's 2012 presidential primary election ballot and a declaration that convicted felons have a right to vote in the primary. Plaintiff also sought in forma pauperis (IFP) status which the court denied without prejudice due to a failure to provide the correct form. After the court provided plaintiff with the correct form, plaintiff refused to complete the application and the court dismissed the case on July 15, 2011. On September 16, 2011, plaintiff appealed. On October 18, 2011, the Ninth Circuit found the appeal "so insubstantial as to not warrant further review." On October 20, 2011, plaintiff sought leave to appeal IFP. The court denied the motion in light of the previous orders in the case. Plaintiff now seeks relief from the judgment and an order to register all convicted/incarcerated felons to vote in all 2012 elections and to remove Barack Obama from Oregon's presidential ballot. To date, plaintiff has not paid a filing fee or obtained IFP status. However, in anticipation of a denial of the motion, plaintiff has already filed a notice of appeal to the Supreme Court. To the extent this court still has jurisdiction to rule on the motion, the motion is denied.
Judd v. Secretary of State of Oregon et al, No. 6:11-cv-06176-HO (D. Or. Sept. 7, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds)
40.
Judd v. Pa. Dept. of St. et al, No. 2:11-cv-00773JFC-CRE (W.D. Pa. Sept. 10, 2012 Order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds); Judd v. Pa. Dept. of St. et al, No. 2:11-cv-03849CMR (E.D. Pa. Aug. 1, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);
Text only entry in docket: ORDER denying as moot 17 Motion to Amend/Correct for the reasons stated in this Court's Order of December 21, 2011. Signed by Magistrate Judge Cynthia Reed Eddy on September 10, 2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, Cynthia) (Entered: 09/10/2012) AND NOW, this 1st day of August 2012, upon receipt of Plaintiffs Motion for Relief from Judgment or Order Under the Twenty-Fourth Amendment [Doc. No. 11], and upon review of the Docket in this case, the Court finds it is without jurisdiction to rule on Plaintiffs Motion as Plaintiff has not filed a Complaint, and thus has not properly raised a case and controversy upon which the Court can grant relief. Accordingly, Plaintiffs Motion is DENIED. [1] The case was closed on June 21, 2011, as Plaintiff had failed to pay the filing fee or properly request in forma pauperis status. On November 17, 2011, Plaintiffs Motion to Reopen and Stay proceedings was also denied for failure to pay the filing fee or properly request in forma pauperis status. This deficiency was never corrected, and no complaint has ever been filed.
41.
No case found
Puerto Rico
No case found
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Jurisdiction
Rhode Island South Carolina
No motion re: Obama/NBC issue currently on file. Plaintiff Keith Russell Judd is an inmate at the Federal Correctional Institute in Texarkana, Texas. After the court denied the plaintiffs motion to proceed in forma pauperis under 28 U.S.C. 1915(g), and the plaintiff failed to submit the $350 filing fee, this matter was dismissed without prejudice for failure to prosecute. The Sixth Circuit Court of Appeals dismissed the plaintiffs appeal for want of prosecution on January 20, 2012. Now before the court is a motion for relief from judgment (ECF No. 25). The plaintiff does not specify under which rule of civil procedure the motion was filed, but the court construes the motion as filed pursuant to Rule 60(b). *** The present motion does not present any basis for reconsideration of the judgment previously entered against the plaintiff, and certainly does not address any of the grounds recognized by Rule 60 as providing a legitimate reason for relief from judgment. The plaintiffs motion is utterly frivolous, and the court declines to consider it. The motion (ECF No. 25) is hereby DENIED. Further, the plaintiff is given notice that this case is CLOSED and he SHALL NOT submit any more filings in this action. The Clerk of Court is is DIRECTED not to accept any additional filings in this action.
Judd v. Dept. of State of Tennessee et al, No. 3:2011-cv-00555 (M.D. Tenn. Aug. 8, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);
43.
Judd v. Dept. of State of Tennessee et al, No. 11cv-00244 (E.D. Tenn. Motion filed Aug. 6, 2012)
Docket does not reflect an order addressing motion, but appeal apparently re: pending motion has been filed and dismissed; docket notation states NOTICE OF APPEAL as to Order by Keith Russell Judd. (The order denying the motion for relief 12 [subject of appeal birther motion for reconsideration] does not exist.) (AYB) (Entered: 09/05/2012). No motion re: Obama/NBC issue currently on file. But see:
Judd v. Secretary of State for the State of Texas, No. 3:2012-cv-01113 (N.D. Tex.)
Texas
*Judd prohibited from filing in TXt.46
RECAP | PACER
46
See Judd v. Sec'y of State of Louisiana, No. 1130920, 461 F. App'x 399, 401 (5th Cir. 2012) (Judd is ORDERED to pay a sanction in the amount of $500 to the clerk of this court. Even after satisfaction of all sanction orders, Judd may not file any civil action in a district court of this circuit, or any pleading or notice of appeal with this court, without
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Jurisdiction
Court Decision on Motion In re Judd, No. 03-12-00617-CV, 2012 WL 6097294 (Tex. App. Dec. 7, 2012) (denying petition for writ of mandamus to appellate court which asserted same birther claims as presented in the various August 2012 motions for reconsideration filed in federal courts)
Utah Vermont
Judd v. State Board of Elections of Virginia et al, No. 1:2011-cv-01325 (E.D. Va.)
45.
Virginia RECAP | PACER Virginia RECAP | PACER Washington RECAP | PACER West Virginia RECAP | PACER
Judd v. State Board of Elections of Virginia et al, Civil Case No. 7:11-cv-00258-JCT (W.D. Va., motion filed Aug. 2, 2012) Judd v. Secretary of State of Washington et al, 2:11-cv-00214-WFN (E.D. Wash., motion filed Aug. 1, 2012 ) Judd v. Secretary of State of West Virginia et al, No. 1:11-cv-00093-IMK JES (N.D. W. Va., Oct. 5, 2012 order) (denying motion for relief from judgment seeking, among other things, removal of Obama from 2012 general election ballot on natural born citizen grounds);
46.
Pending
47.
On January 18, 2012, the Court entered an Order and Judgment adopting the Report and Recommendation of United States Magistrate Judge James E. Seibert, and dismissing without prejudice the pro se petitioner Keith Russell Judds (Judd) 42 U.S.C. 1983 complaint (dkt. no. 14). More than six months later, on August 2, 2012, Judd filed the pending motion seeking, inter alia, relief from judgment. (Dkt. No. 18). Federal Rule of Civil Procedure 60(b) provides that a court may, upon motion or upon such terms as are just, relieve a party from a final judgment, order, or proceeding *** Here, Judd has failed to specify what provision of Rule 60(b), if any, he relies upon for his motion. Instead, he simply reiterates the same frivolous arguments the Court rejected over six months ago. Accordingly, the Court DENIES his motion (dkt. no. 18).
48.
Judd v. Secretary of State of West Virginia et al, No. 2:2011-cv-00369 (S.D. W.Va. motion filed Aug. 2, 2012);
No case found
Docket does not reflect an order addressing motion, but appeal apparently re: pending motion has been filed but apparently disregarded as premature.
No case found
first obtaining leave of the court in which he seeks to file such action, pleading, or notice. When seeking leave of court, Judd must certify that the claim he wishes to present is a new one that has never before either been raised and disposed of on the merits or remains pending in any federal court. Upon failure thus to certify or upon false certification, Judd may be sanctioned and punished accordingly.)
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Judd v. Wyoming Secy of State, No. 11-cv-00202 (D. Wyo. Nov. 26, 2012) (denying motion as patently frivolous) Judd v. St. Bd. of Elections, No. 3:11-cv-00063CVG-RM (D. Virgin Islands, motion filed Aug. 6, 2012);
The motion by Plaintiff is, on it's face, patently frivolous. The motion by Plaintiff is thus not only utterly frivolous, it is, after the November 6, 2012, general election, clearly moot.
Docket does not reflect an order addressing motion, but appeal apparently re: pending motion has been filed and subsequently dismissed for failure to pay filing fee.
50.
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