IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEW JERSEY____________________________________Charles F. Kerchner, Jr, : Civil Action No. 1:09-cv-00253Lowell T. Patterson, :Darrell James LeNormand, and :Donald H. Nelsen, Jr., ::Plaintiffs, ::v. ::Barack Hussein Obama II, President Elect :of the United States of America, President :of the United States of America, :and Individually, a/k/a Barry Soetoro; :United States of America; :United States Congress; :United States Senate; :United States House of Representatives; :Richard B. Cheney, President of :the Senate, Presiding Officer of Joint :Session of Congress, Vice President of the :United States and Individually; and :Nancy Pelosi, Speaker of the House and :Individually, ::Defendants. ::________________________________________________________________________SECOND AMENDED VERIFIED COMPLAINT AND PETITION FOR EMERGENCYINJUNCTION, DECLARATORY RELIEF, MANDAMUS, AND QUO WARRANTO________________________________________________________________________Mario Apuzzo185 Gatzmer AvenueJamesburg, New Jersey 08831Phone: (732) 521-1900Fax: (732) 521-3906E-mail:apuzzo@erols.com
_________________________________
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2Plaintiffs allege as follows:
JURISDICTION AND VENUE
1. This action is founded upon the Constitution of the United States of America.As such, this Court has jurisdiction over defendants under 28 U.S.C. § 1346(a)(2).2. This is a civil action claiming violations of the First, Fifth, Ninth, Tenth, andTwentieth Amendments of the Constitution of the United States of America. As such, thisCourt has jurisdiction under 28 U.S.C. § 1331.3. This action seeks declaratory relief. As such, this Court has jurisdiction under28 U.S.C. § 2201(a) and 28 U.S.C. § 2202. ENDNOTE 1.4. This action seeks injunctive relief. As such, this Court has jurisdiction under28 U.S.C. § 1343(a)(3) and 28 U.S.C. § 1343(a)(4).5. This action is in the nature of mandamus, and seeks to compel thosedefendants which are branches of the United States Government and “officer[s] oremployee[s] of the United States or any agency thereof” to perform their duties owedplaintiffs under the First, Fifth, Ninth, Tenth, and Twentieth Amendments of theConstitution of the United States. As such, this Court has jurisdiction under 28 U.S.C. §1361. Additionally, this court has ancillary jurisdiction over this action sounding inmandamus pursuant to 28 U.S.C. Sec. 1651(a), for this Court already has original jurisdiction under other statutes already cited herein.6. This action is also in the nature of a petition for quo warranto under the Ninthand Tenth Amendment to the Constitution, asking that Obama be declared under ArticleII to be ineligible to hold the Office of President and Commander in Chief and that he beremoved from that Office if sworn in and be permanently barred from holding that office.
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3This Court has jurisdiction over this petition because plaintiffs claim that their right tothis writ emanates from their rights and powers under the Ninth and Tenth Amendment.Additionally, this court has ancillary jurisdiction over this petition for quo warrantopursuant to 28 U.S.C. Sec. 1651(a), for this Court already has original jurisdiction overplaintiffs’ other claims herein.7. This is a civil action in which an officer or employee of the United Statesacting in his official capacity or under color of legal authority and an agency of theUnited States are defendants. Three of the plaintiffs reside in this judicial district and thefourth plaintiff resides within the Third Circuit. No real property is involved in thisaction. Venue is therefore proper under 28 U.S.C. § 1391(e).
PARTIESPlaintiffs
8. Plaintiff,
Charles F. Kerchner, Jr
., is a citizen of the United States and aresident of the State of Pennsylvania. He served 33 years in the U.S. Naval Reserves asboth a Commissioned Officer and an Enlisted person. He enlisted with the U.S. NavalReserve in 1962 as an E-1. He served two years active duty as an enlisted person afterwhich he returned to the U.S. Naval Reserves serving with various drilling reserve units.As a drilling member of the U.S. Naval Reserves, he was advanced at various times untilreaching Chief Petty Officer (E-7) in 1970. In 1976 he was commissioned as a U.S.Naval Reserve Officer and was appointed as an Ensign (O-1), serving as a CommissionedOfficer for 19 years and was promoted to the rank of a full Commander (O-5) in 1992.He served on active duty for training and drilled with various reserve units until he retiredin 1995. Plaintiff took a solemn oath to support and defend the Constitution of the
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Kerchner v Obama & Congress DOC 03 - Lawsuit filed 2:50 am 20 Jan 09- 2nd Amend filed 09 Feb 2009
On early Tuesday morning, January 20, 2009, at about 2:50 a.m., I electronically filed a Complaint for Emergency Injunction, Declaratory Relief, Mandamus, and Petition for Quo Warranto on behalf of my clients, Mr. Kerchner, Mr. Patterson,…
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