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PostPosted: Fri Feb 03, 2012 4:18 pm 
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This case was actually filed and dismissed less than a week later, and is a generic pro se kook suit filed by one Charles Tisdale. Unless this either is "Henry Tisdale" or someone related to him, I don't believe we have seen this birfer before. The only semi-interesting twist is that while Obama is the only Presidential candidate captioned as a defendant, the complaint also alleges that Mitt Romney and Ron Paul are ineligible. The plaintiff also claims to be "Afro-American."

Here's the District Court docket:

Quote:
Date Filed # Docket Text
01/17/2012 1 MOTION for Leave to Proceed in forma pauperis by Charles Tisdale. (Attachments: # 1 Verified Complaint/Motion for Injunction, # 2 Memorandum in Support, # 3 Exhibits, # 4 Affidavit of Rule 65, # 5 Notice)(jtho, ) (Entered: 01/17/2012)
01/23/2012 2 ORDER Granting 1 Motion for Leave to Proceed in forma pauperis; Court DISMISSES the complaint with prejudice for failure to state a claim; plaintiff may file written notice of appeal within 30 days of date of entry hereof; Clerk SEND copy of this Order to all counsel of record and Mr. Tisdale; Signed by District Judge John A. Gibney, Jr on 1/20/12 (lsal) (Copy mailed: yes, as directed) (Entered: 01/23/2012)
01/23/2012 3 COMPLAINT against Federal Election Commission, Neil H. MacBride, Barack H. Obama, Don Palmer, Virginia State Board of Elections filed by Charles Tisdale. (Attachments: # 1 Memorandum of Law, # 2 exhibits, # 3 affidavit of R. 65 Notice to Defendants)(lsal) (Entered: 01/23/2012)
01/24/2012 4 NOTICE OF APPEAL as to 2 Order, by Charles Tisdale. No fee received. (tdai, ) (Entered: 01/24/2012)
01/25/2012 5 Transmission of Notice of Appeal to US Court of Appeals re 4 Notice of Appeal. (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (lbre, ) (Entered: 01/25/2012)
01/25/2012 Assembled INITIAL Electronic Record Transmitted to 4CCA re 4 Notice of Appeal (lbre, ) (Entered: 01/25/2012)
01/30/2012 USCA Case Number 12-1124, Cyndi Halupa, case manager for 4 Notice of Appeal filed by Charles Tisdale. (jgra, ) (Entered: 01/30/2012)


There is nothing of note in the Circuit Court yet, but the docket text is as follows:

Quote:
General Docket
United States Court of Appeals for the Fourth Circuit
Court of Appeals Docket #: 12-1124 Docketed: 01/30/2012
Nature of Suit: 2441 Civil Rights Voting
Charles Tisdale v. Barack Obama
Appeal From: United States District Court for the Eastern District of Virginia at Richmond
Fee Status: in forma pauperis
Case Type Information:
1) Civil U.S.
2) United States
3) null
Originating Court Information:
District: 0422-3 : 3:12-cv-00036-JAG
Presiding Judge: John Adrian Gibney, Jr., U. S. District Court Judge
Date Filed: 01/17/2012
Date Order/Judgment: Date Order/Judgment EOD: Date NOA Filed:
01/23/2012 01/23/2012 01/24/2012
Prior Cases:
None

Current Cases:
None

CHARLES TISDALE
Plaintiff - Appellant Charles Tisdale
Direct: (434) 247-6675
[NTC Pro Se]
P.O. Box 401
Richmond, VA 23219
v.

BARACK HUSSEIN OBAMA, personally and in his official capacity as President of the United States
Defendant - Appellee
DON PALMER, in his official capacity as Secretary of the Virginia State Board of Elections
Defendant - Appellee
VIRGINIA STATE BOARD OF ELECTIONS
Defendant - Appellee
NEIL H. MACBRIDE, in his official capacity as United States Attorney for the Eastern District of Virginia
Defendant - Appellee
FEDERAL ELECTION COMMISSION
Defendant - Appellee
CHARLES TISDALE

Plaintiff - Appellant

v.

HONORABLE BARACK H. OBAMA, personally and in his official capacity as President of the United States; DON PALMER, in his official capacity as Secretary of the Virginia State Board of Elections; THE VIRGINIA STATE BOARD OF ELECTIONS; NEIL H. MACBRIDE, in his official capacity as United States Attorney for the Eastern District of Virginia; FEDERAL ELECTION COMMISSION

Defendants - Appellees
01/30/2012 1
1 pg, 7.97 KB Case docketed. Originating case number: 3:12-cv-00036-JAG. Case manager: CHalupa. Date notice of appeal filed: 01/24/2012 [12-1124] (CH)
01/30/2012 2
10 pg, 110.6 KB INFORMAL BRIEFING ORDER filed. Mailed to: Charles Tisdale. Informal Opening Brief due 02/23/2012. Informal response brief, if any: 17 days after informal opening brief filed. [12-1124] (CH)
01/30/2012 3 ASSEMBLED ELECTRONIC RECORD docketed. Originating case number: 3:12-cv-00036-JAG. Record in folder? Yes. Record reviewed? Yes. [12-1124] (CH)

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PostPosted: Fri Feb 03, 2012 4:28 pm 
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Check the dismissal.

"It is well settled that those born in the United States are considered natural born citizens".

The first citation is United States vs Ark. :-?

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PostPosted: Fri Feb 03, 2012 4:35 pm 
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A Legal Lohengrin wrote:
the complaint also alleges that Mitt Romney and Ron Paul are ineligible.

Correct me if I'm wrong: Paul's parents were born in Pennsylvania, as were three of his four grandparents. (The fourth was born in Germany the German Confederation.)

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PostPosted: Fri Feb 03, 2012 4:37 pm 
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Nice find Loh. :-bd

I found an old post by Henry Tisdale copied here from Orly's blog where he said he was from Florida.

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PostPosted: Fri Feb 03, 2012 4:37 pm 
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Ron Paul has a birther! =)) =)) =))

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PostPosted: Fri Feb 03, 2012 4:42 pm 
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Whatever4 wrote:
Ron Paul has a birther! =)) =)) =))



SHHHH, now everyone will want one.


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PostPosted: Fri Feb 03, 2012 4:47 pm 
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Tomtech wrote:
Check the dismissal.

"It is well settled that those born in the United States are considered natural born citizens".

The first citation is United States vs Ark. :-?


Good catch, Tomtech! Yes, the dismissal order does indeed discard Minor and reach "normal" holdings based on Ark.

Edit: Adding: This Rule 12(b)(6) dismissal reaches the merits of the Minor v Hepursef line of argument. Naturally, it does not establish binding precedent (a concept which no birfer on the planet seems to understand) but, still, What about that, birfers? And so now we wait to see if the 4th Circuit will bother to affirm on that explicit basis or just chuck this P.O.S. in the round file.

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PostPosted: Fri Feb 03, 2012 4:51 pm 
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Occupation: Amateur radio host trying to figure out how to lower myself to shameless begging and stupid petition filing. It might be a good way to make a living. ;)
Oh Noes! :yikes: Don't tell Leo!

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The O-bot prayer:

Grant me the superior wit and biting sarcasm to mock the Birthers whose minds I cannot change
The superior facts, law, and reason to change the minds of the Birthers whom I can
And the wisdom to team up at Politijab The Fogbow with those who share my addiction and know the difference


- Allison 2/16/2009


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PostPosted: Fri Feb 03, 2012 4:52 pm 
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Reality Check wrote:
Oh Noes! :yikes: Don't tell Leo!

Justia-gate!

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PostPosted: Fri Feb 03, 2012 4:53 pm 
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I'd be happy to go to PACER and pull the opinion everyone is talking about and send to Jack Ryan. Could someone please provide me with a case number so I don't have to wade through the 250 Tisdales on PACER?

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PostPosted: Fri Feb 03, 2012 4:54 pm 
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LOL. I liked the dismissal too.

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PostPosted: Fri Feb 03, 2012 4:54 pm 
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Quote:
01/23/2012 2 ORDER Granting 1 Motion for Leave to Proceed in forma pauperis; Court DISMISSES the complaint with prejudice for failure to state a claim; plaintiff may file written notice of appeal within 30 days of date of entry hereof; Clerk SEND copy of this Order to all counsel of record and Mr. Tisdale; Signed by District Judge John A. Gibney, Jr on 1/20/12 (lsal) (Copy mailed: yes, as directed) (Entered: 01/23/2012)

Obama appointee.

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ASSUME ANYTHING WRITTEN HERE WILL END UP ON TAITZ'S SITE AND FACEBOOK. AND JEROME CORSI WILL POST SCREENSHOTS TO WND. AND WILL BE FILED BY A BIRTHER AS AN EXHIBIT IN FEDERAL COURT. NOW HAVE FUN!


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PostPosted: Fri Feb 03, 2012 4:56 pm 
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Occupation: Amateur radio host trying to figure out how to lower myself to shameless begging and stupid petition filing. It might be a good way to make a living. ;)
Case 3:12-cv-00036-JAG

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The O-bot prayer:

Grant me the superior wit and biting sarcasm to mock the Birthers whose minds I cannot change
The superior facts, law, and reason to change the minds of the Birthers whom I can
And the wisdom to team up at Politijab The Fogbow with those who share my addiction and know the difference


- Allison 2/16/2009


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PostPosted: Fri Feb 03, 2012 4:57 pm 
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This case seems to be movin' along smartly ... ;;)

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PostPosted: Fri Feb 03, 2012 4:57 pm 
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Sterngard Friegen wrote:
Could someone please provide me with a case number so I don't have to wade through the 250 Tisdales on PACER?

No. 12-00036 (E.D. Va.), as noted on the dismissal order. ;)

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ASSUME ANYTHING WRITTEN HERE WILL END UP ON TAITZ'S SITE AND FACEBOOK. AND JEROME CORSI WILL POST SCREENSHOTS TO WND. AND WILL BE FILED BY A BIRTHER AS AN EXHIBIT IN FEDERAL COURT. NOW HAVE FUN!


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PostPosted: Fri Feb 03, 2012 5:00 pm 
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:geezer: Yes, the dismissal order was hidden. Here is the URL in all its glory: http://ia700800.us.archive.org/27/items ... 08.2.0.pdf

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PostPosted: Fri Feb 03, 2012 5:02 pm 
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Foggy wrote:
This case seems to be movin' along smartly ... ;;)

They don't call the E.D. of Virginia the "rocket docket" for nuttin'.

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PostPosted: Fri Feb 03, 2012 5:04 pm 
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never mind. . .


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PostPosted: Fri Feb 03, 2012 5:05 pm 
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Just a letter from Tisdale. Idunno if it's in with all the links above. I only looked at some of them (they're loading slow for me).

Anyway... a letter.

https://docs.google.com/viewer?a=v&q=ca ... lbpPc7AyYA

Edit: oh, that's regarding his suit against Rick Perry. He must be on a birfer roll.

edit again. Idunno what it relates to. LOL.



ETA: This is another letter.

https://docs.google.com/viewer?a=v&q=ca ... 5Tvwyi0JJg

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PostPosted: Fri Feb 03, 2012 5:17 pm 
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mimi wrote:
Just a letter from Tisdale. Idunno if it's in with all the links above. I only looked at some of them (they're loading slow for me).

Anyway... a letter.
<snip>
ETA: This is another letter.

I lurves me a loon who hears bipartisan voices. They're out there, but they're rarae aves.

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PostPosted: Fri Feb 03, 2012 6:11 pm 
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bob wrote:
Quote:
John A. Gibney

Obama appointee.

There's your grounds for appeal. The judge is illegitimate and would lose his job if Obama was frog marched out of The White House. :lol: :lol:

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PostPosted: Sat Feb 04, 2012 3:45 am 
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Bumped, cuz peeps need to pay attention to this one.

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PostPosted: Sat Feb 04, 2012 6:30 am 
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Foggy wrote:
This case seems to be movin' along smartly ... ;;)


As opposed any of Orly's cases, which proceed stupidly. :rimshot:

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PostPosted: Sat Feb 04, 2012 8:14 am 
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GreatGrey wrote:
Bumped, cuz peeps need to pay attention to this one.


I'm trying to figure out why. It was tossed for failure to state a claim a few days after being filed.

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PostPosted: Sat Feb 04, 2012 10:54 am 
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Tomtech wrote:
There's your grounds for appeal. The judge is illegitimate and would lose his job if Obama was frog marched out of The White House. :lol: :lol:


No, no, silly. Haven't you been paying attention? Obama isn't legitimate so all his actions are null and void. Since this was an Obama appointee, he isn't legitimately a judge, so his ruling is null and void as well. He's not really a judge! He's usurping the judgeship because he has no legitimate appointment! Or something. :roll:


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