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Neal v Brunner - MAGISTRATE'S DECISION - (Ohio Ct. Com. Pl. Wood Cty 2008)

Neal v Brunner - MAGISTRATE'S DECISION - (Ohio Ct. Com. Pl. Wood Cty 2008)

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Published by Jack Ryan
On October 24, 2008, Pro Se Plai~tiff David M. Neal filed the above-referenced action
against Defendants Jennifer Brunner, Ohio Secretary of State; Howard Dean, Chairman of the
Democratic National Committee; Chris Redfern, Chairman of the Ohio Democratic Party, and
United States Senator Diane Feinstein. The complaint seeks an "injunctive relief order." On
thet same day, Plaintiff filed a motion for a "temporary injunctive order in the form of a writ of
mandamus" directed to Defendant Brunner. Construing these two pleadings together, this
Magistrate concludes that what Plaintiff seeks, in essence, is relief in mandamus.
On October 24, 2008, Pro Se Plai~tiff David M. Neal filed the above-referenced action
against Defendants Jennifer Brunner, Ohio Secretary of State; Howard Dean, Chairman of the
Democratic National Committee; Chris Redfern, Chairman of the Ohio Democratic Party, and
United States Senator Diane Feinstein. The complaint seeks an "injunctive relief order." On
thet same day, Plaintiff filed a motion for a "temporary injunctive order in the form of a writ of
mandamus" directed to Defendant Brunner. Construing these two pleadings together, this
Magistrate concludes that what Plaintiff seeks, in essence, is relief in mandamus.

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Published by: Jack Ryan on Jun 12, 2012
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06/14/2012

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DAVID M. NEAL,Plaintiff,IN THE COURT OF COMMON PLEASCOUNTY OF WARREN, STATE OF OHIOCASE NO. 08CV72726JENNIFER BRUNNER, et al.,
)))))))))))
MAGISTRATE'S DECISIONDefendants.
/
On
October 24, 2008,
Pro Se
Plai~tiff
David M. Neal filed the above-referenced actionagainst Defendants Jennifer Brunner, Ohio Secretary
of
State; Howard Dean, Chairman
of
theDemocratic National Committee; Chris Redfern, Chairman
of
the Ohio Democratic Party, andUnited States Senator Diane Feinstein. The complaint seeks an "injunctive relief order." On
t,hilt
same day, Plaintiff filed a motion for a "temporary injunctive order in the form
of
a writ
of
Ipandamus" directed
to
Defendant Brunner. Construing these two pleadings together, thisMagistrate concludes that what Plaintiff seeks, in essence,
is
relief in mandamus.This action concerns the presidential election to
be
held November 4, 2008, andwhether the nominee
of
the Democratic Party, Senator Barack Obama,
is
constitutionallyqualified
to
hold the office
of
President
of
the United States. Article
II,
Section 1
of
the UnitedStates Constitution states "No person except a
naturalbom
citizen, or a citizen
of
the UnitedStates at the time
of
the
adoption
of.
this constitution, shall be eligible
to
the Office
of
.President. .. "Plaintiff contends as follows:
IIIII
*
Inn
)
lOR
..
r..'Lt\GISTRATE'S DECISIONI.REOIJEST
(COPY
 
.7
583 228
turned eighteen (18)
yem-s
of
age. There are questions andresearch supporting the notion that
Bm-ack
Hussein Obama is nothis legal American name. Therefore making the name on theballot illegal. There are additional questions regarding Obama'smulti-citizenships with foreign countries, which
he
may stillmaintain.
To
date, Obama has refused
to
prove he is qualifiedunder the U.S. Constitution and his eligibility to run
as
President
of
the United States despite requests and recent opportunities
to
do so in Federal Court.(Complaint at
pm-.
5.3).What follows are some nineteen pm-agraphs detailing the "findings"
of
unnamed"researchers" "forensic document experts" and a "research team" which Plaintiff contendsdemonstrate that no objective proof can be found that Senator Obama is a "natural born citizen"
of
the United States.
It
appem-s
that this all amounts to information Plaintiff gleaned from theInternet and is not within the scope
of
his personal knowledge.1Plaintiffs complaint candidlyadmits "[t]hese allegations and statements
m-e
not iniended to
be
proof
of
the status
of
Mr.
bbama's
citizenship or lack thereof. That will be determined in the venue
of
the U.S. Districtcourt. The listing
of
the allegations detailed below are included
to
demonstrate the reasonableassertion
of
he need for the Ohio State [sic] Secretary
of
State
to
re-establish public confidencein the veracity and integrity
of
the electoral process and the obvious need for pre-certification
~s
to
a candidate's meeting the minimum constitutional requirements." (Complaint at
pm-.
5.1).The gist
of
Plaintiffs complaint is that within R.C. Chapter 3501 there appears noexpress procedure by which the Secretary
of
State can verify that a candidate for President
o
ihe United States is, in fact, a "natural born ,citizen." Nevertheless, Plaintiff contends that the
~'Secretary
of
State has the intrinsic authority to set those reasonable standards that wouldestablish certain confidence in the people in the electoral process." (Complaint at par. 1.5)., Although Plaintiff s . complaint seeks a myriad
of
orders directed to all the namedpefendants, as well
as
the Federal Elections Commission, which is not even named as a partyherein,
Plaintiffs
motion for "temporary'injunctive order in the form
of
a writ
of
mandamus"seeksorders directed to Defendant Brunneronly, to wit:
'.
Both Plaintiff's. complaint and motion for "temporary injunctive order
in
the form
of
a writ
of
mandamus"purport
to
be verified, but
in
fact, are not notarized and thus cannot be deemed affidavits. See
Tokles
&
Son,
Inc.
v.
Midwestern Indem.
Co.
(1992),65 Ohio St.3d 621, 630, fu.3.
2
 
583 229
Grant injunctive relief in the form
of
writ
of
mandamus requiringthat Ohio State, Secretary
of
State Jennifer Brunner immediatelyacquire primary documents or certified copies from primarysources such
as
the appropriate Health Department and/orappropriate hospital records, or verifiable reports regarding samefrom the Federal Elections Commission, Democratic NationalParty, Ohio Democratic Party and
US
Senator Diane Feinstein,Chairperson Rules Committee.
If
such reasonable documents aswould establish place and date
of
birth are not made available
to
the Secretary
of
State prior
to
the election or at least by the timeexpected for certification
of
the election, then the Secretary
of
State
is
ordered to
deClare
that candidate as 'not certified' as avalid candidate for the office
of
President
of
the United StatesOffice
of
the President under the United States Constitution,Article
II,
Section
I;
Direct Ohio State, Secretary
of
State Jennifer Brunner to certifyor decertify the challenged candidates preferably prior
to
theelection based on the availability
of
clear documentation
so
as
toprevent the damages described herein.
I
Specifically Plaintiff requests the' Ohio State, Secretary
of
Stateto immediately
demand
a certified copy
of
Obama's Oath
of
Allegiance proving
he
regained his United States Citizenship.
If
Secretary Jennifer Brunner
is
unable
to
document a certifiedrecord
of
Obama'soath
of
allegiance, Secretary
of
State JenniferBrunner must decertify that Mr. Obama as a valid candidate onthe Washington [sic] State Ballot for
the
Office
of
the Presidentunder the United States.Plaintiff request that the Secretary
of
State augment proceduresas part
of
the application' process to demand proactively suchrudimentary documentatio!"
of
candidates as would establish
3

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silverbull8 added this note
Esmirelda, DNA has not yet been used to verify nbc, but this dose not preclude a paternity test during childhood. Also, by you reference to sperm, since biologically, birth requires man and woman to conceive, am I to assume paternity establishes citizenship of the child as much as maternity?
Esmirelda added this note
No kidding, silverbull. But, without the DNA sample, how can you determine anyway? It's about the sperm, silverbull. How can you determine NBC without the DNA sample? YOU HAVE TO BE SURE!!! LMAO.
silverbull8 added this note
Exactly. Even if a POTUS candidate prides LFBC to a SOS the SOS wouldn't know what to do with it, and without documentation of the parents, and if needed grandparents, then even I cannot determine NBC.
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