PETITION FOR A WRIT OF CERTIORARI

CITATION TO OPINIONS BELOW

The Memorandum and Order of the UnitedStates District Court, Eastern District of Pennsylvania,

Berg v. Obama, et al

, 08-cv-4083(2008), is attached to the Appendix as

Exhibit “A”

JURISDICTION

The United States District Court, EasternDistrict of Pennsylvania entered its Order on October24, 2008. This Court’s jurisdiction is invokedpursuant to 28 U.S.C. §2101(e), Mr. Berg havingasserted below and asserting in this petition thedeprivation of rights secured by the United StatesConstitution.Jurisdiction of the United States SupremeCourt pursuant to is invoked under Supreme CourtRules 10 and 11 (hereinafter, “Rule 10” and Rule11”). Rule 10 provides that “[a] review on writ of

certiorari is not a matter of right, but of judicialdiscretion. A petition for a writ of certiorari will begranted only when there are special and importantreasons therefore.” Jurisdiction of this Court isinvoked under rule 10(c) which provides that reviewshould be granted when the court below “has decidedan important question of federal law which has notbeen, but should be settled by this Court…”Supreme Court Rule 10(c). Although the case ispending before the Third Circuit Court of Appealsand it has not entered any order or judgment, theSupreme Court may still grant certiorari under Rule11 because this case “is of such imperative publicimportance as to justify deviation from normalappellate practice and to require immediatedetermination of this Court.” Supreme Court Rule11.

Jurisdiction of the United States SupremeCourt is appropriate in this case because the matterinvolves a matter that is novel and is of extremeimportance to the general public interest and theadministration of justice. Jurisdiction may beinvoked under the Supreme Court Rule 10, entitledConsiderations Governing Review on Writ of Certiorari (hereinafter, “Rule 10”). This standardincludes intervention to prevent a gross miscarriageof justice.The Judicial Administration Standards havealso recommended criteria for discretionary review.These are “that the matter involves a question that isnovel or difficult, is the subject of conflictingauthorities applicable within the jurisdiction, or is of importance in the general public interest or in theadministration of justice.” STANDARDS RELATINGTO APPELLATE COURTS 3.10C (1977). Under the