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TAITZ v OBAMA (QW) - 18 - MOTION to Dismiss First Amended Complaint - gov.uscourts.dcd.140567.18.0

TAITZ v OBAMA (QW) - 18 - MOTION to Dismiss First Amended Complaint - gov.uscourts.dcd.140567.18.0

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Published by Jack Ryan
03/31/2010 18 MOTION to Dismiss First Amended Complaint by BARACK HUSSEIN OBAMA (Attachments: # 1 Exhibit 1 Cook MD Ga Order July 16 2009, # 2 Exhibit 2 Cook MD Ga Docket, # 3 Exhibit 3 Cook 11th Cir Docket, # 4 Exhibit 4 Rhodes WD Tex Order, # 5 Exhibit 5 Rhodes MD Ga Docket & Orders, # 6 Exhibit 6 Barnett 9th Cir Docket)(Burch, Alan) (Entered: 03/31/2010)
03/31/2010 18 MOTION to Dismiss First Amended Complaint by BARACK HUSSEIN OBAMA (Attachments: # 1 Exhibit 1 Cook MD Ga Order July 16 2009, # 2 Exhibit 2 Cook MD Ga Docket, # 3 Exhibit 3 Cook 11th Cir Docket, # 4 Exhibit 4 Rhodes WD Tex Order, # 5 Exhibit 5 Rhodes MD Ga Docket & Orders, # 6 Exhibit 6 Barnett 9th Cir Docket)(Burch, Alan) (Entered: 03/31/2010)

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Categories:Types, Research, Law
Published by: Jack Ryan on Mar 31, 2010
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03/31/2010

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UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA )ORLY TAITZ,))Plaintiff,)Civil Action No.: 10-0151 (RCL))v.))BARACK HUSSEIN OBAMA,))Defendant.))
DEFENDANT’S MOTION TO DISMISS FIRST AMENDED COMPLAINT
Defendant, Barack H. Obama, respectfully moves to dismiss Plaintiff’s claims in her FirstAmended Complaint (R.16), pursuant to Rule 12(b)(1) and (6). Like the claims in her originalcomplaint, her current scattershot allegations center around her core claim that President Obamais ineligible for office. Defendant moved to dismiss her original Complaint, but instead of opposing that motion, Plaintiff filed her First Amended Complaint. As explained in the attachedmemorandum, her amended claims fare no better than those in her original complaint becauseshe still lacks constitutional standing to bring them. Her newly added claims also suffer variousadditional defects that totally bar their possible success. Defendant respectfully requestsdismissal of this case.
Case 1:10-cv-00151-RCL Document 18 Filed 03/31/10 Page 1 of 22
 
Case 1:10-cv-00151-RCL Document 18 Filed 03/31/10 Page 2 of 22
 
UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA )ORLY TAITZ,))Plaintiff,)Civil Action No.: 10-0151 (RCL))v.))BARACK HUSSEIN OBAMA,))Defendant.))
DEFENDANT’S MEMORANDUM IN SUPPORT OF MOTION TO DISMISSFIRST AMENDED COMPLAINT
Defendant, Barack H. Obama, respectfully moves to dismiss Plaintiff’s First AmendedComplaint (R.16), pursuant to Rule 12(b)(1) and (6). As with Plaintiff’s initial Complaint, theclaims in her First Amended Complaint must fail because she lacks constitutional standing tobring them. Her attempts to repackage her allegations do not change her core claim--thatPresident Obama is not eligible for office--and so her standing problem remains unchanged: shesuffers no individual and particularized harm traceable to her allegations about the President’scitizenship, much less any harm that is redressable by this Court. Plaintiff has repeatedly soughtto litigate allegations surrounding President Obama’s eligibility for office and is well aware of the growing body of precedent holding that federal courts lack jurisdiction over her claims.Moreover, her newly added claims suffer various additional defects that totally bar their possiblesuccess. Dismissal at the earliest possible stage remains appropriate.
Case 1:10-cv-00151-RCL Document 18 Filed 03/31/10 Page 3 of 22

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