USCA Case #12-5198

Document #1396123

Filed: 09/24/2012

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IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT MONTGOMERY BLAIR SIBLEY, Petitioner/Plaintiff-Appellant, v. BARACK HUSSEIN OBAMA, II, et al., Respondents/Defendants-Appellees.

The pro se petitioner/plaintiff-appellant is Montgomery Blair Sibley. The

official capacity as Attorney General; Ronald C. Machen, Jr., in his official capacity as United States Attorney for the District of Columbia; and two deputy U.S. marshals

States Marshals Service were also referenced in the amended petition and complaint,

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but have not been identified as parties to this appeal. Counsel for appellees are not aware of any other parties, intervenors, or amici who have appeared in this litigation. B. Rulings Under Review. Appellant seeks review of an order of the district court (John D. Bates, Judge)

dismissing this case with prejudice on June 6, 2012. That order granted appellees’

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named as “John Doe” defendants. The U.S. Department of Justice and the United

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respondents/defendants-appellees are President Barack Obama; Eric Holder, in his

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A. Parties and Amici.

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CERTIFICATE OF COUNSEL AS TO PARTIES, RULINGS, AND RELATED CASES

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No. 12-5198

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USCA Case #12-5198

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motion to dismiss the amended petition and complaint in its entirety. The district

This matter has previously been before this Court as well as the United States Supreme Court. On February 14, 2012, appellant filed a petition for a writ of

mandamus or, in the alternative, for a writ “Procedendum ad Justicium,” seeking to compel the district court to rule on his pending petition for a writ quo warranto. See In re Sibley, No. 12-5040 (D.C. Cir.). This Court denied that petition on March 6,

filed a petition for a writ of certiorari in the Supreme Court seeking review of this

petition was denied by the Supreme Court on June 4, 2012. Appellant has also brought at least two related proceedings in D.C. courts.

of Appeals seeking review of two decisions by the D.C. Board of Elections and

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Ethics: (1) a January 9, 2012 determination that President Obama meets the qualifications to appear on the 2012 Democratic Party primary ballot in the District of Columbia, and (2) an April 18, 2012 determination that President Obama is eligible to appear on the November 2012 general-election ballot. See Sibley v. D.C. Board of Elections & Ethics, No. 12 AA 516 (D.C. Ct. App.). That petition was dismissed on May 29, 2012. Second, on June 8, 2012, appellant filed suit in Superior Court, again 2

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First, on April 18, 2012, he filed an original petition in the District of Columbia Court

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Court’s order. See Sibley v. U.S. District Court for D.C., No. 11-1185 (S. Ct.). That

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2012, and later denied panel and en banc rehearing. On March 28, 2012, appellant

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C. Related Cases.

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court’s memorandum opinion is available at 2012 WL 2016809.

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seeking to challenge President Obama’s eligibility for the November 2012 general-

without prejudice a motion for Rule 11 sanctions filed by the D.C. Board of Elections and Ethics.1

Counsel for appellees are not aware of any other related cases within the meaning of D.C. Circuit Rule 28(a)(1)(C).

Respectfully submitted,

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SEPTEMBER 2012

Additionally, counsel is informed that on or about September 10, 2012, appellant filed another original petition in the District of Columbia Court of Appeals. See Sibley v. D.C. Board of Elections & Ethics, No. 12 AA 1498 (D.C. Ct. App.). Counsel has not yet ascertained whether this latest petition also seeks to challenge the eligibility of Barack Obama for the presidential ballot. 3

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MARK B. STERN

STUART F. DELERY Acting Assistant Attorney General

/s/ Jeffrey E. Sandberg JEFFREY E. SANDBERG (202) 532-4453 Attorneys, Appellate Staff Civil Division U.S. Department of Justice 950 Pennsylvania Ave., N.W. Room 7261 Washington, D.C. 20530

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(D.C. Super. Ct.). On September 7, 2012, the court dismissed that lawsuit, and denied

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election ballot. See Sibley v. D.C. Board of Elections & Ethics, No. 2012 CA 004892 B

USCA Case #12-5198

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CERTIFICATE OF SERVICE

copy of this certificate has been served on appellant by email to mbsibley@gmail.com. Appellant has consented to service by electronic means pursuant to Fed. R. App. P. 25(c)(1)(D).

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/s/ Jeffrey E. Sandberg Jeffrey E. Sandberg Counsel for Appellees

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with the Clerk of Court by using the appellate CM/ECF system. I also certify that a

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I hereby certify that on September 24, 2012, I electronically filed the foregoing