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Barnett v. Obama: Judge Denies Motion for Reconsideration
US Federal Court, California Central District ^ | 12/4/2009 | Judge Carter

Posted on 12/04/2009 5:44:08 PM PST by Sibre Fan

***
"After reviewing the moving and opposing papers, the Court finds no factual, legal, or bias grounds upon which to grant the motion for reconsideration. Counsel largely repeats the same arguments made in her briefing and oral argument on the Motion to Dismiss, which is prohibited. To the extent that she does present new argument, it is without merit and does not meet the standard for reconsideration. The Court’s ruling that it lacks jurisdiction, and that Plaintiffs have failed to state a claim on their remaining causes of action, stands."

The Amended Motion for Reconsideration is DENIED.

(Excerpt) Read more at scribd.com ...


TOPICS: Miscellaneous
KEYWORDS: article2section1; birthcertificate; birthers; certifigate; citizenship; eligibility; ineligible; naturalborn; naturalborncitizen; orlytaitz; taitz; usurper; whackamole
... Orly's on her way to the Ninth Circuit ...
1 posted on 12/04/2009 5:44:08 PM PST by Sibre Fan
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To: Sibre Fan

How do you figure that? I sure hope you are right.


2 posted on 12/04/2009 5:56:47 PM PST by basil (It's time to rid the country of "Gun Free Zones" aka "Killing Fields")
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To: Sibre Fan
G_d bless her.

It's a shame on free citizens that it takes a former slave to socialism to keep us free!

Then again they know that freedom isn't just another word!

3 posted on 12/04/2009 5:56:57 PM PST by rawcatslyentist (Jeremiah 50:31 Behold, I am against you," O " you most proud, said the said the Lord GOD of hosts)
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To: rawcatslyentist

The court system and this country is so corrupt.


4 posted on 12/04/2009 6:01:39 PM PST by Frantzie (Judge David Carter - democrat & dishonorable Marine like John Murtha.)
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To: Sibre Fan

As far as I am concerned… a grade school kid being called to the vice-principals office should have standing to demand that the President of the United States provide documentation that he is constitutionally qualified to serve.


5 posted on 12/04/2009 6:02:16 PM PST by fireman15 (Check your facts before making ignorant statements.)
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To: basil
How do you figure that? I sure hope you are right.

Because that's the next step for Orly and her plaintiffs. Kreep has already filed his notice of appeal on behalf of his plaintiffs, and the Ninth Circuit has set a briefing schedule - Plaintiffs/Appellants' briefs are due May 3, 2010.

Assuming Orly's clients wish to appeal, she will (should) file a notice of appeal with the Ninth Circuit in the next couple weeks. Then, though she may try to prevent this, the Court will combine her clients' appeal with the appeal already filed by Kreep (because they're from the same case).
6 posted on 12/04/2009 6:08:24 PM PST by Sibre Fan
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To: Sibre Fan

And beat goes on...... and on........ and on........ and

The ninth circuit...... reckon she can find a friend there?


7 posted on 12/04/2009 6:09:56 PM PST by deport (88 DAYS UNTIL THE TEXAS PRIMARY....... MARCH 2, 2010)
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To: Sibre Fan

obumpa


8 posted on 12/04/2009 6:16:26 PM PST by Dajjal (Obama is an Ericksonian NLP hypnotist.)
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To: Sibre Fan

It’s amazing that something so simple as a birth certificate is being fought so hard by Obama. ANY other legitimate citizen would simply send their lawyer to court with a certified copy of their birth certificate. I had to send one for a concealed carry permit in New Mexico, but the man who has hundreds of nuclear weapons at his fingertips can’t seem to produce one ... And the media is ignoring it by saying “it’s already been verified”, yet they won’t ask to see it AGAIN. Sounds a whole lot like the “settled science” global warming argument.


9 posted on 12/04/2009 6:20:00 PM PST by Jackson57
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To: Sibre Fan
Sarah Hawaii Birth Cert
10 posted on 12/04/2009 6:24:00 PM PST by missnry (The truth will set you free ... and drive liberals Crazy!)
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To: Sibre Fan

Unfortunately we are headed for civil war...prepare your families. Don’t think it can’t happen here...look at what is going on.

It is outrageous that both parties DEM and GOP alike are just sitting idly by and not getting to the bottom of this - why not? That is question you have to ask yourself...if they will let something this major go unresolved...who exactly are we voting in 2010? GOP...they are just as complacent as the DNC in this situation.


11 posted on 12/04/2009 7:26:36 PM PST by surfer
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To: Sibre Fan

Interesting-—thanks!


12 posted on 12/04/2009 8:03:32 PM PST by basil (It's time to rid the country of "Gun Free Zones" aka "Killing Fields")
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To: Sibre Fan; Beckwith; rocco55; thouworm; rxsid; GOPJ; Fred Nerks; null and void; stockpirate; ...
Image and video hosting by TinyPic

Barnett v. Obama: Judge Denies Motion for Reconsideration

US Federal Court, California Central District ^ | 12/4/2009 | Judge Carter

13 posted on 12/04/2009 8:56:22 PM PST by LucyT
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To: LucyT

Keep fighting, Orly. Some judge, somewhere, has to find some merit in this case.


14 posted on 12/04/2009 9:22:51 PM PST by azishot
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To: LucyT

Thanks for the ping.


15 posted on 12/04/2009 9:59:27 PM PST by thecodont
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To: azishot; LucyT
Keep fighting, Orly. Some judge, somewhere, has to find some merit in this case.

Eventually something will come through.

16 posted on 12/04/2009 10:00:34 PM PST by thecodont
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To: thecodont

Eventually something will come through.<<<<<<<<<<

If we take back the House and Senate in ‘10, I wonder what the chances would be of doing something at that level to force the issue?


17 posted on 12/04/2009 10:41:06 PM PST by Mjaye
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To: Sibre Fan
... Orly's on her way to the Ninth Circuit ...

Where she should fare no better than she did with the district court.

18 posted on 12/05/2009 5:14:48 AM PST by Non-Sequitur
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To: Mjaye
If we take back the House and Senate in ‘10, I wonder what the chances would be of doing something at that level to force the issue?

Like what?

19 posted on 12/05/2009 5:23:46 AM PST by Non-Sequitur
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To: deport
The ninth circuit...... reckon she can find a friend there?

In the most liberal circuit in the federal judiciary? What do you think?

20 posted on 12/05/2009 5:25:55 AM PST by Non-Sequitur
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To: Mjaye

.....If we take back the House and Senate in ‘10,.....

Recall if you will that we controlled both houses before but were effectively unable to get much done. Freepers castigated Bill Frist for inaction when in fact he lacked the votes.

It will be the same in 2011 except maybe the Black caucus will be relegated back to a hotel room for their meetings


21 posted on 12/05/2009 6:06:05 AM PST by bert (K.E. N.P. +12 . Lukenbach Texas is barely there)
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To: missnry

It’s pretty clear that logical, legal or constitutional arguments will never persuade the usurper-in-chief to release his long form BC. Thus public ridicule may be the most potent means of either changing his position or at minimum, making him pay a steep price for his stubbornness.

Challenging him to “man up” is an especially potent line of attack as it reminds everyone of his “big-talk/no-action” persona and how this has displayed itself repeatedly on issues ranging from Iran to Afghanistan to health care reform. He has repeatedly deferred to Nancy Pelosi, for example, in letting the stimulus bill get hijacked into an early Christmas for core Democrat constituencies. He “insisted” on a health plan that would not add to the deficit and then has stood by twiddling his thumbs as Congress proceeds to debate plans that are transparently fraudulent in meeting this claim. He has yet to follow through on any tough actions towards Iran, even as I’m-a-Nut-Job keeps repeatedly thumbing his nose at him.

As a candidate he repeatedly promised to have the most transparent administration in history, yet for more than a year he effectively has hidden behind lawyers rather than honestly come clean about his long form birth certificate.
The man is a coward, through and through. Having Sarah Palin call him out would remind all she has more testosterone in her little pinkie than he’ll ever have.

So I appreciate your PhotoShop work, but I wish she herself truly made it an issue as opposed to raising questions about it and then undercutting the legitimacy of it by follow-on comments on Facebook etc. Obama’s entitled to spend his money any way he sees fit, but in today’s wretched economy, one would think that whether the amount is hundreds of thousands of dollars or several million, paying $10 to get and release the long form is a no-brainer compared to squandering such sums on lawyers. Every dollar he wastes on fighting this is a dollar that might otherwise have been donated to help millions of families being punished by Obama’s unwise economic policies.


22 posted on 12/05/2009 6:45:49 AM PST by DrC
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To: Mjaye

The chances? Next to zero, if the sheep continue to vote for whatever candidate is spoonfed them by the GOP. Get involved with your party and insist that you will only vote for a candidate that takes the constitution seriously.

Failing that, take your vote elsewhere than the GOP. Voting for the lesser of two evils is still voting for evil.


23 posted on 12/05/2009 8:05:39 AM PST by IntolerantOfTreason (The AMERICAN President should be an AMERICAN, NOT an AFRICAN-American)
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To: surfer
Unfortunately we are headed for civil war...prepare your families. Don’t think it can’t happen here...look at what is going on.

http://taxdayteaparty.com/2009/12/patriot-caucus/?utm_source=feedburner&utm_medium=email

When we leave Valley Forge on April 19th, we leave prepared to do what is necessary to remove power hungry thugs from Congress and Senate.

24 posted on 12/05/2009 9:29:37 AM PST by OafOfOffice (Constitution is not neutral.It was designed to take the government off the backs of people-Douglas)
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To: All

JB Williams
Canada Free Press

http://canadafreepress.com/index.php/article/12999

(snip)
Every member of the Supreme Court, every member of congress, every member of the Joint Chiefs, most members of the DOD, CIA, FBI, Secret Service and state run media, ABC, CBS, NBC, CNN, PBS, NPR, MSNBC, Fox and print news, knows that Barack Hussein Obama does NOT meet Article II – Section I constitutional requirements for the office he holds. By his own biography, there is NO way he can pass the test. The hard evidence is so far beyond overwhelming, it is ridiculous.

(snip)
But not ONE member of America’s most powerful people will dare confront Obama and his anti-American cabal on the subject. The Constitution does NOT stand.

(snip)
Half of the people you expect to stop this insanity are quiet co-conspirators in the silent coup. The other half is paralyzed by fear, motivated only by political self-preservation.

(Snip)
Americans keep asking what they can do because they see that none of their leaders are doing anything to stop the demise of their beloved country. It’s the right question, because those leaders are NOT going to stop this thing.

(Snip)
WHO WILL SAVE FREEDOM?
A brave few… This is how it was in the beginning, how it has always been and how it will be.

(Snip)
DR. ORLY TAITZ, Phil Berg and Gary Kreep, ALL OF WHOM HAVE MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP.

(Snip)
A PRECIOUS FEW, BUT THEY EXIST… and the walls are indeed closing in on Obama and his evil cabal. IF THE AMERICAN PEOPLE FAIL TO GET BEHIND THESE BRAVE FEW WHO ARE SEEKING PEACEFUL REDRESS, ALL THE PEACEFUL OPTIONS WILL EVAPORATE AS IF THEY NEVER EXISTED. WE WILL RETURN TO A PRE-1776 AMERICA OVERNIGHT..

Do YOU fear Obama?
http://canadafreepress.com/index.php/article/12999

___________________________________

A precious few, indeed. Lets get behind those few brave patriots who are out there in the trenches every day working to prove Obama’s inelgibility:

Dr. Orly has put her life’s blood into this fight. SHE HAS MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP FROM COWARDLY REPUBLICANS AND THE SCOTUS.

Dr. Orly is the ONLY one out there in the trenches EVERY day hitting Obama on multiple fronts and trying to bring him down. It is reported that she is more than $8,000 in debt from using her own funds for expenses in her flights across the U.S for interviews, speeches, serving papers and meeting with officials.

She has even gone to Isreal and Russia to spread the message about Obama’s inelgibility!

She states the case expertly, including the bc and natural born citizen aspect, when not abused by the U.S. state-controlled media. http://www.israelnationalnews.com/News/News.aspx/132880

Sure, Dr. Orly makes mistakes. We all do. But Dr. Orly is no dummy. How many of us could go to a foreign country, learn 5 languages, establish a successful dental practice, a successful real estate business AND pass the California state bar- one of the hardest in the U.S. to pass?
She may be a ‘mail order’ attorney and not a Harvard lawyer, but she IS an attorney with all the rights and privilages of a Harvard lawyer nevertheless!
The point is; she has the passion, the zeal, the courage of her convictions and the love of America and its freedoms (unlike many of our ‘great’ attorneys and ‘patriots’ who criticize her) that will not let her give up!
She is exhausted. She is nervous. She is frustrated. It is reported that she gets by on 4-5 hours of sleep per night, and her family is very worried about her health- as well as her safety.
She makes mistakes. But she will NOT give up. She will keep on until she gets it right.

So let’s get behind this great little Russian refugee and great American patriot.
Stop tearing her apart. The Obots don’t need our help.
The obots are scared to death of this little lady and her determination. That’s why they come out in droves all over the net on forums, chat rooms and even the national news to attack and ridicule.

http://www.youtube.com/watch?v=wcChG5pRTOE&feature=player_embedded

Please visit Dr. Orly’s website. Don’t be influenced by the Obots here..Please do what you can to help her.

.


25 posted on 12/07/2009 12:38:33 PM PST by patriot08 (TEXAS GAL- born and bred and proud of it!<p>)
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To: Non-Sequitur
More Orly fail

12/16/2009 104 MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: CLARIFYING ORDER GRANTING MOTION TO DISMISS OF OCTOBER 29, 2009: The Court is in receipt of Plaintiffs' Motion for Clarification 103[RECAP] regarding whether the October 29, 2009 Order was a dismissal with or without prejudice. The Courts dismissal of Plaintiffs First Amended Complaint on October 29, 2009 was a dismissal without leave to amend and with prejudice. The Clerk shall serve this minute order on all parties to the action. (rla) (Entered: 12/16/2009)

26 posted on 12/16/2009 10:50:22 AM PST by MilspecRob (Most people don't act stupid, they really are.)
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To: Frantzie
The court system and this country is so corrupt.

Or is it that Orly is just so inept?

27 posted on 12/16/2009 11:25:48 AM PST by Non-Sequitur
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To: deport
The ninth circuit...... reckon she can find a friend there?

If she does then I'll give her less than a week before she totally alienates them.

28 posted on 12/16/2009 11:27:54 AM PST by Non-Sequitur
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To: azishot
Keep fighting, Orly. Some judge, somewhere, has to find some merit in this case.

None have so far. For Taitz or anyone else.

29 posted on 12/16/2009 11:33:02 AM PST by Non-Sequitur
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