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Tisdale v Obama - 4th Cir Appeal - 2012-03-20 - Apuzzo Motion to Appear as Amicus

Tisdale v Obama - 4th Cir Appeal - 2012-03-20 - Apuzzo Motion to Appear as Amicus

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Published by Jack Ryan

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Categories:Types, Research, Law
Published by: Jack Ryan on Mar 21, 2012
Copyright:Attribution Non-commercial

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03/22/2012

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No. 12-1124
UNITED STATES COURT OF APPEALSFOR THE FOURTH CIRCUIT
________________________
CHARLES TISDALE
Plaintiff-Appellant 
v.
THE HONORABLE BARACK H. OBAMA, II, PERSONALLY AND IN HISOFFICIAL CAPACITY AS PRESIDENT OF THE UNITED STATES, ANDDON PALMER, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THEVIRGINIA STATE BOARD OF ELECTIONS, AND THE VIRGINIA STATEBOARD OF ELECTIONS, AND NEIL H. MACBRIDE, IN HIS OFFICIALCAPACITY AS UNITED STATES ATTORNEY FOR THE EASTERNDISTRICT OF VIRGINIA, AND THE FEDERAL ELECTIONCOMMISSION
,
 Defendants-Appellees
________________________ON APPEAL FROM THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF VIRGINIA AT RICHMOND(The Honorable John A. Gibney, District Judge)________________________
MOTION OF AMICUS CURIAE FOR LEAVE TO FILE AMICUS BRIEFAND TO FILE IT OUT OF TIME
________________________
Appeal: 12-1124 Document: 12-1 Date Filed: 03/20/2012 Page: 1 of 9
Total Pages:(1 of 51)
 
2
TO: Clerk of the CourtUnited States Court of AppealsFourth Circuit1100 East Main Street, Suite 501Richmond, VA 23219Charles TisdaleP.O. Box 401Richmond, VA 23219Federal Election Commission
PLEASE TAKE NOTICE
that the undersigned amicus curiae, MarioApuzzo, hereby moves the United States Fourth Circuit Court of Appeals for entry of an Order granting amicus curiae leave to file an amicus curiae brief and to file it outof time.
I. THE COURT SHOULD GRANT AMICUS CURIAE LEAVE TO FILETHE AMICUS BRIEF
Fed. R. App. P. 29(a) provides in pertinent part that “[a]ny other amicus curiae[non-government entity] may file a brief only by leave of court or if the brief statesthat all parties have consented to its filing.” Fed. R. App. P. 29(b) also provides thatthe motion must be accompanied by the proposed brief and state the movant’sinterest and the reasons why the amicus brief is desirable and why the mattersasserted are relevant to the disposition of the case.
A. All parties that appeared in the District Court have consented to the filing of the amicus curiae brief 
Appeal: 12-1124 Document: 12-1 Date Filed: 03/20/2012 Page: 2 of 9
Total Pages:(2 of 51)
 
3
Plaintiff-appellant, Charles Tisdale, consents to the filing of this amicus curiaebrief. This District Court dismissed this case sua sponte without any appearance of any defendant. Consent from defendants has therefore not been sought. Since Mr.Tisdale was the only party who appeared in the District Court and he has consentedto the filing of the amicus curiae brief, all parties that appeared in the action haveconsented to the filing of the brief. In any event, the Clerk’s Office has instructedthat amicus curiae file a motion for leave to file this amicus curiae brief.
B. The movant has sufficient interest in the matter before the Court
Amicus curiae is an attorney at law of the State of New Jersey. He has beenpracticing law since 1983 in the various courts of the State of New Jersey and in thefederal courts in the Third Circuit. He is also admitted to the U.S. Supreme Court.In December 2008, amicus curiae became interested in the question of whetherPresident Barack Obama is an Article II “natural born Citizen.” In that month,amicus curiae opened his blog athttp://puzo1.blogspot.comfor the purpose of examining the issue of whether Mr. Obama is a “natural born Citizen.Amicuscuriae has been researching and studying the meaning of a “natural born Citizen”since then and continues to do so at present. During this time period, amicus curiaehas gained a great amount of knowledge on the meaning of a “natural born Citizen.”He has written many essays on the topic which he has published on his blog.In 2009, amicus curiae represented the plaintiffs in Kerchner v. Obama, 612F.3d 204 (3rd. Cir. 2010), cert. denied, 131 S.Ct. 663 (2010). The New Jersey
Appeal: 12-1124 Document: 12-1 Date Filed: 03/20/2012 Page: 3 of 9
Total Pages:(3 of 51)

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