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EX REL SIBLEY v OBAMA (USDC D.C.) - First Amended Certified Petition for Writs Quo Warranto... Etc.

EX REL SIBLEY v OBAMA (USDC D.C.) - First Amended Certified Petition for Writs Quo Warranto... Etc.

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Published by Jack Ryan

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Categories:Types, Research, Law
Published by: Jack Ryan on Feb 01, 2012
Copyright:Attribution Non-commercial

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02/02/2012

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1
U
NITED
S
TATES
D
ISTRICT
C
OURTFOR THE
D
ISTRICT OF
C
OLUMBIA
U
 NITED
S
TATES OF
A
MERICA
,
 
 E 
 X 
 R
 ELATOR
,M
ONTGOMERY
B
LAIR 
S
IBLEY
,
 
 ET AL
.,
P
ETITIONER 
/P
LAINTIFF
,
VS
.B
ARACK 
H
USSEIN
O
BAMA
,
 
II,
 
 ET AL
.,
ESPONDENTS
/D
EFENDANTS
. ___________________________________/C
ASE
 N
O
.:
 
12-cv-00001 (JDB)
F
IRST
A
MENDED
C
ERTIFIED
P
ETITION FOR 
W
RITS
Q
UO
W
ARRANTO AND
M
ANDAMUSAND
C
OMPLAINT FOR 
D
ECLARATORY
ELIEF AND
D
AMAGES
J
URY
T
RIAL
EQUESTED
Petitioner/Plaintiff, Montgomery Blair Sibley (“Sibley”), pursuant to 28 U.S.C. §1746, statesthat the matters stated herein are true under penalty of perjury and sues Respondents/DefendantsBarack Hussein Obama, II (“Obama”), Eric H. Holder, Jr. as U.S. Attorney General (“Holder”), theU.S. Department of Justice, Deputy Marshal John Doe#1, Deputy Marshal John Doe#2 and RonaldC. Machen Jr. as United States Attorney for the District of Columbia (“Machen”).
I
NTRODUCTION
1.By this lawsuit, Sibley seeks:a.A Writ of Quo Warranto ousting Obama as President of the United Statesand/or preventing him from holding the franchise of being on the ballot for that office in 2012insomuch as he is not a “natural born Citizen” of the United States as required by Article II, §1, of the U.S. Constitution. b.Alternatively, if a Writ of Prohibition does not issue for the reason that theCourt finds the condition precedent to this
 Ex Relator 
suit in D.C. Code, Division II, Title 16,Chapter 35 has not been met due to the failure of Holder and/or Machen to refuse to file such a
 
2 petition, then a Writ of Mandamus to Holder and Machen to file or refuse to file such petition.c.A Writ of Mandamus to Machen to comply with 18 U.S.C. §3332 to informthe Grand Jury of the alleged offense by Obama of Wire Fraud, Sibley’s identity, and to revealMachen’s action or recommendation to the Grand Jury in that regard.d.A declaratory judgment that 18 U.S.C.§1504 and Federal Rules of CriminalProcedure, Rule 6, violate the First and/or Fifth Amendments and thus Sibley has the right to directlycommunicate by writing to each sitting Grand Juror regarding the alleged Wire Fraud of Obama – and other criminal acts of federal actors in the District of Columbia – which might warrant further investigation to the end of the Grand Jury issuing either an “indictment” or “presentment”.e.Damages against the Defendant U.S. Department of Justice by its sub-agencythe United States Marshals Service and Deputy Marshal John Doe#1 and Deputy Marshal JohnDoe#2 under 
 Bivens v. Six Unknown Names Agents of Federal Bureau of Narcotics
, 403 U.S. 388(1971) and/or the Federal Tort Claims Act for the chilling of Sibley’s right to access court, petitionthe government, for First Amendment retaliation and use of excessive force.
J
URISDICTION AND
V
ENUE
2.Jurisdiction of this Court is invoked pursuant to: (i) 28 U.S.C. §1331, (ii) 28 U.S.C.§1343(a), (iii) 28 U.S.C. §2201 and §2202, (iv) 42 U.S.C. §1983 and (v) D.C. Code, Division II,Title 16, Chapter 35.3.Venue in this district is proper under 28 U.S.C. §1391(b)(2) as a substantial part of the events or omissions giving rise to the claims herein occurred in the District of Columbia.
M
ONTGOMERY
B
LAIR 
S
IBLEY
4.Sibley, is a “natural born Citizen” of the United States as he was born in 1956 in

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