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KEYES|BARNETT v OBAMA - 87.2 -ATTACHMENT 2 EXHIBIT B -REQUEST FOR JUDICIAL NOTICE filed by Defendants Michelle LR Obama, Hillary Rodham Clinton, Robert M Gates, Joseph R Biden, Barack Hussein Obama, United States of America. - Gov.uscourts.cacd.435591.87.2

KEYES|BARNETT v OBAMA - 87.2 -ATTACHMENT 2 EXHIBIT B -REQUEST FOR JUDICIAL NOTICE filed by Defendants Michelle LR Obama, Hillary Rodham Clinton, Robert M Gates, Joseph R Biden, Barack Hussein Obama, United States of America. - Gov.uscourts.cacd.435591.87.2

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Published by Jack Ryan
REQUEST FOR JUDICIAL NOTICE filed by Defendants Michelle LR Obama, Hillary Rodham Clinton, Robert M Gates, Joseph R Biden, Barack Hussein Obama, United States of America. Attachment 2 Exhibit B
REQUEST FOR JUDICIAL NOTICE filed by Defendants Michelle LR Obama, Hillary Rodham Clinton, Robert M Gates, Joseph R Biden, Barack Hussein Obama, United States of America. Attachment 2 Exhibit B

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Published by: Jack Ryan on Oct 23, 2009
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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEW JERSEYCHARLES F. KERCHNER, JR., et al.Plaintiffs,v.BARACK HUSSEIN OBAMA, II, et al.Defendants. HONORABLE JEROME B. SIMANDLECivil No. 09-253 (JBS/JS)
OPINION
APPEARANCES:Mario Apuzzo, Esq.LAW OFFICES OF MARIO APUZZO185 Gatzmer AvenueJamesburg, NJ 08831Counsel for Plaintiffs Charles F. Kerchner, Jr., Lowell T.Patterson, Darrell James LeNormand, and Donald H. Nelsen,Jr.Paul J. FishmanUnited States AttorneyBy:Elizabeth A. PascalAssistant U.S. Attorney401 Market StreetFourth FloorCamden, NJ 08101Counsel for Defendants Barack Hussein Obama, II, the UnitedStates of America, the United States Congress, the UnitedStates Senate, the United States House of Representatives,Richard B. Cheney, and Nancy Pelosi
SIMANDLE
, District Judge:Under Article II, Section 1, of the Constitution, a personmust be a “natural born citizen” to be eligible for the office ofPresident of the United States. Four individuals, believing thatPresident Barack Obama is not eligible for his office on thisground, have filed suit seeking a court order to require variousofficials to look into their claims and to remove the President
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Case 8:09-cv-00082-DOC-AN Document 87-3 Filed 10/22/2009 Page 1 of 11
 
from office. Plaintiffs present various arguments for definingthe term “natural born citizen” accompanied by allegations of howPresident Obama does not meet their definition.This matter is presently before the Court on a motion todismiss [Docket Item 27] submitted by Defendants President BarackObama, the United States of America, the United States Congress,the United States Senate, the United States House ofRepresentatives, former Vice-President and President of theSenate Richard Cheney, and Speaker of the House Nancy Pelosi(collectively, “Defendants”). For the reasons expressed below,the Court finds that Plaintiffs Charles F. Kerchner, Jr., LowellT. Patterson, Darrell James LeNormand, and Donald H. Nelsen, Jr.lack standing to pursue their claims and so the Court must grantDefendants’ motion to dismiss.
I.BACKGROUND A.Factual Allegations
Plaintiffs’ claims, as set forth in their Second AmendedComplaint, arise from allegations that President Obama has
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failed to sufficiently prove that he is a “natural born citizen”The parties dispute whether Plaintiffs filed their Second
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Amended Complaint in conformance with Rule 15, Fed. R. Civ. P.,and further whether that complaint is a short and plain statementrequired under Rule 8(a)(2). The Court will address theallegations of the Second Amended Complaint, notwithstanding thatit was filed without leave of Court on February 9, 2009. Becausethe Court concludes that Plaintiffs lack standing to bring theseclaims, the Court will not address the procedural disputes, andPlaintiffs’ belated motion for leave to assert the Second AmendedComplaint on July 22, 2009, will be dismissed as moot.2
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eligible for the presidency and that the legislative branch hasfailed to sufficiently investigate President Obama’s citizenshipand place of birth. Plaintiffs all voted in the November 4, 2008general election for president. (Second Am. Compl. ¶¶ 8-11.)Mr. Kerchner and Mr. Nelsen both took oaths to defend and supportthe Constitution of the United States -- Mr. Kerchner as part ofhis thirty-three years of service in the U.S. Naval Reserves andMr. Nelsen as a former member of the Marine Reserves and ArmyNational Guard. (Id. ¶¶ 8, 11.) In addition, Mr. Kerchnerstates that his is particularly harmed by the alleged uncertaintysurrounding President Obama’s birthplace because “while currentlynot statutorily subject to recall, by Executive Order of thePresident or an act of Congress in extreme national emergency”Mr. Kerchner might be recalled. (Id. 8.)Plaintiffs claim violations of the First, Fifth, Ninth,Tenth, and Twentieth Amendments of the Constitution and seekdeclaratory and injunctive relief, as well as a writ of mandamusand quo warranto. In Court I, Plaintiff Kerchner alleges thatthe Congressional Defendants violated his First Amendment rightto petition because they ignored his requests that theyinvestigate President Obama’s citizenship and place of birth.(Id. ¶¶ 200-214.) In Counts II and X, Plaintiffs allege that theCongressional Defendants violated their Fifth Amendmentprocedural due process rights and their rights under theTwentieth Amendment by failing to conduct an appropriateinvestigation and hold a hearing regarding President Obama’s3
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Case 8:09-cv-00082-DOC-AN Document 87-3 Filed 10/22/2009 Page 3 of 11

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