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UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIAGREGORY S. HOLLISTER,Plaintiff,v.BARRY SOETORO,etal.,Defendants.Civil Action No. 1:08-cv-02254-JR 
MOTION TO DISMISSOFPRESIDENTBARACK OBAMAAND VICE PRESIDENT JOSEPH BIDEN
DefendantsPresidentBarack Obamaand Vice President Joseph Biden, throughcounsel,respectfullymoveto dismiss the Complaint pursuant to Federal RulesofCivilProcedure 12(b)(1) and12(b)(6). The grounds for this motion are set forth in defendants'Memorandum in Support of theirMotion,which defendantsincorporateherein by reference.Dated: January 26, 2009Respectfullysubmitted,
PERKINS COIE
LLP
By: /s/ Robert F. Bauer Robert F. Bauer D.C. Bar No. 938902rbauer@perkinscoie.com607 Fourteenth Street,N.W.Washington, D.C. 20005-2003Telephone: 202.628.6600Facsimile: 202.434.1690
 AttorneyforDefendantsBarack Obamaand  Joseph Biden
Case 1:08-cv-02254-JR Document 9 Filed 01/26/2009 Page 1 of 11
 
UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIAGREGORY S. HOLLISTER,Plaintiff,v.BARRY SOETORO et al.,Defendants.Civil Action No. 1:08-cv-02254-JR 
MEMORANDUM OF PRESIDENT BARACK OBAMA ANDVICE PRESIDENT JOSEPH BIDENIN SUPPORT OFTHEIR MOTION TO DISMISS
Defendants President Barack Obama and Vice President Joseph Biden submit thisBriefin support of their Motion to Dismiss. Plaintiff's allegations are patently falseand baseless,
1
 but even taking them as true for purposes of this Motion, the suit must bedismissed immediately. Plaintiff failsto establish the Court'sjurisdiction and he fails to statea claimupon which relief can be granted.Accordingly, theCourt mustdismiss the complaintwithprejudice pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
1
President Obama has publicly produced a certified copy of a birth certificate showing that he was born onAugust 4, 1961, in Honolulu Hawaii.
See, e.g.
, Factcheck.org, “Born in the U.S.A.: The truth about Obama’s birth certificate,”
available at 
http://www.factcheck.org/elections-2008/born_in_the_usa.html(concluding that the birth certificate is genuine, and noting a contemporaneous birth announcement published in a Honolulunewspaper). Hawaii officials have publicly verified that they have President Obama’s “original birth certificateon record in accordance with state policies and procedures.”
See
“Certified,”
 Honolulu Star Bulletin
, Oct. 31,2008. This Court can take judicial notice of these public news reports.
See The Washington Post v. Robinson
,935 F.2d 282, 291 (D.C. Cir. 1991);
 Agee v. Muskie
, 629 F.2d 80, 81 n.1, 90 (D.C. Cir. 1980).
Case 1:08-cv-02254-JR Document 9 Filed 01/26/2009 Page 2 of 11
 
-2-
BACKGROUND
Plaintiff alleges that he is a retired Colonelfrom the United States Air Force and is part of the "Individual Ready Reserve," which "means he is subject to Presidential recall for the rest of his life."
See
Dkt. #1 at ¶¶6; 8. As a result, plaintiffcontendshe owes a "duty" toobeylawfulorders of the Presidentas Commander-in-Chief.
 Id.
at¶12. Plaintiff further alleges that he "has reason to believe that [Barack Obama] may not be a 'natural born' UnitedStates Citizen and therefore is not qualified pursuant to the United States Constitution toserve as President of the United States."
 Id.
at ¶14. Based on these allegations, plaintiff contends that
if 
PresidentObamaissues an order to reinstateplaintiff to active duty, plaintiff will not know whether to obeyor disregardthe order given his alleged uncertaintyregardingthe President's citizenship status.
 Id.
at ¶40.Plaintiff's complaint consists of asingle interpleader claimunder 28 U.S.C. § 1335and Fed. R. Civ. P. 22.
See
Dkt. #1 at 16. He namesdefendants President Obama and VicePresident Bidenasallegedclaimantsto thesupposed"property" at issue—i.e., the duties plaintiff contends heowesthe President as Commander-in-Chief. Plaintiff seeks, amongother things,a declaration whether President Obama is constitutionally eligible to bePresident ofthe United Statesunder the Natural Born Citizen Clause, U.S. Const. art. II, § 1,cl. 5.
See
Dkt. #1 at 19-21.This requested relief is not new. Plaintiff's counsel, Philip Berg unsuccessfully pursued similar relief in
 Berg v. Obama
, 574 F.Supp. 2d 509 (E.D. Penn. 2008).
 Id.
(dismissing under Fed. R. Civ. P. 12(b) plaintiff's complaint, which alleged,
inter alia
, thatPresident Obama was barred from holding the office of President under the Natural BornCitizen Clause);
 see also
United States Supreme Court Docket,
available at 
Case 1:08-cv-02254-JR Document 9 Filed 01/26/2009 Page 3 of 11
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