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PostPosted: Mon Jul 20, 2009 5:38 pm 
Here's another birther case filed earlier this month in Tucson, AZ.

Allen v. Soetoro et al, Case No. 4:09-cv-00373-FRZ
United States District Court - District of Arizona
Frank R Zapata, presiding

Quote:
07/06/2009 [linkbtn]1,http://www.scribd.com/full/17508879?access_key=key-aczniwan1n9gqe0m84q[/linkbtn] COMPLAINT. Filing fee received: $ 350.00, receipt number TUC011758, filed by Kenneth L. Allen. (Attachments: # 1 Civil Cover Sheet, # 2 receipt)(GPA, ) (Entered: 07/06/2009)


07/06/2009 This case has been assigned to the Honorable Frank R. Zapata. All future pleadings or documents should bear the correct case number: CIV-09-373-TUC-FRZ. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GPA, ) (Entered: 07/06/2009)

07/06/2009 2 Notice of availability of a United States Magistrate Judge to exercise jurisdiction was mailed to plaintiff and Summons were issued and returned back to the plaintiff at the time of filing the complaint, to Kenneth L. Allen (GPA, ) Modified on 7/6/2009 (GPA, ). (Entered: 07/06/2009)

07/08/2009 3 ERRATA re 1 Complaint by Plaintiff Kenneth L. Allen. (KMF, ) (Entered: 07/13/2009)

==================================
This appears to be a FOIA-based complaint, but is riddled with the usual birther nonsense (his mom relinquished his citizenship, he was born in Kenya, the Pakistan travel ban, he's a muslim, yada yada yada.)


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PostPosted: Mon Jul 20, 2009 5:52 pm 
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Tes wrote:
Here's another birther case filed earlier this month in Tucson, AZ.

Allen v. Soetoro et al, Case No. 4:09-cv-00373-FRZ
United States District Court - District of Arizona
Frank R Zapata, presiding

Quote:
07/06/2009 [linkbtn]1,http://www.scribd.com/full/17508879?access_key=key-aczniwan1n9gqe0m84q[/linkbtn] COMPLAINT. Filing fee received: $ 350.00, receipt number TUC011758, filed by Kenneth L. Allen. (Attachments: # 1 Civil Cover Sheet, # 2 receipt)(GPA, ) (Entered: 07/06/2009)


07/06/2009 This case has been assigned to the Honorable Frank R. Zapata. All future pleadings or documents should bear the correct case number: CIV-09-373-TUC-FRZ. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GPA, ) (Entered: 07/06/2009)

07/06/2009 2 Notice of availability of a United States Magistrate Judge to exercise jurisdiction was mailed to plaintiff and Summons were issued and returned back to the plaintiff at the time of filing the complaint, to Kenneth L. Allen (GPA, ) Modified on 7/6/2009 (GPA, ). (Entered: 07/06/2009)

07/08/2009 3 ERRATA re 1 Complaint by Plaintiff Kenneth L. Allen. (KMF, ) (Entered: 07/13/2009)

==================================
This appears to be a FOIA-based complaint, but is riddled with the usual birther nonsense (his mom relinquished his citizenship, he was born in Kenya, the Pakistan travel ban, he's a muslim, yada yada yada.)

Does "in proper person" mean "pro se?" I see no attorney listed.

The filing concludes with the declaration under penalty of perjury that the statements contained are true and correct "to the best of my knowledge and belief." Among the statements is the claim that travel to Pakistan was not permitted to U.S. citizens when Obama traveled there. Is there any chance whatsoever that a court would charge this plaintiff with perjury? A few instances of that might teach a salutary lesson, just as Major Cook is and will be even more a shining example of how things can go very south very fast if you play games with the military.

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PostPosted: Mon Jul 20, 2009 6:23 pm 
TollandRCR wrote:
Does "in proper person" mean "pro se?" I see no attorney listed.

The filing concludes with the declaration under penalty of perjury that the statements contained are true and correct "to the best of my knowledge and belief." Among the statements is the claim that travel to Pakistan was not permitted to U.S. citizens when Obama traveled there. Is there any chance whatsoever that a court would charge this plaintiff with perjury? A few instances of that might teach a salutary lesson, just as Major Cook is and will be even more a shining example of how things can go very south very fast if you play games with the military.


Uhm - have to say I haven't seen that term used in that way before, but he is representing himself.

There is very little chance that a court would charge a pro se plaintiff with perjury - he may contend (and could possibly do so truthfully) that he didn't KNOW about the fact that the so-called Pakistan Travel Ban is a myth. It is possible that every website he's ever visited repeats that lie and, thus, he's never seen the actual evidence proving the claim to be a lie. If he were an attorney, he'd be charged with the responsibility to conduct a reasonable investigation .... (actually, he's technically similarly responsible under Rule 11). The upshot is that the chances of such rules being enforced against a pro se plaintiff are very very very very small.


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PostPosted: Mon Jul 20, 2009 6:54 pm 
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Ah, yes, Kenneth Allen. Patriotic Resistance member. Guess that letter he wrote to Arizona's AG, Terry Goddard, didn't result in the investigation of Obama that Kenny was hoping for. He fancies himself something of a legal expert, as this letter demonstrates -- although the cases he cited in this letter are inapposite* (kinda like Orly's). You gotta chuckle about his inappropriate invocation of Miranda and the Privileges and Immunities Clause of the Arizona Constitution:

Quote:
TO: Attorney General Terry Goddard
Office of the Attorney General
1275 West Washington Street
Phoenix, AZ 85007
602.542.5025
800.352.8431 (toll free)
Fax 602.542.4085

Request for investigation: re: Barack H Obama; aka Barry Soetoro

Dear Mr. Terry Goddard, my name is Kenneth Allen I think you might remember me in Kenneth Allen vs. Arizona State Bar and State of Arizona # Cv-0820040301, where I voluntarily dismissed the complaint because you and I came to a compromise. Then the State Bar broadcasted my address and phone number in place of an Attorney in Sonoita, Arizona [Kenneth Allen] now retired, even today I still get calls for him. I am writing you today with a special request because I believe our Constitution is worth fighting for!

I am requesting that the vetting process of Barack H Obama; aka Barry Soetoro be investigated for national security reasons and because if he isn’t a Natural Born Citizen pursuant ot Article II section I of the US Constitution he shouldn’t be in office and should be removed from that office.

According to a report in the Washington Post, the Senate unanimously declared McCain to be a “natural born” citizen, meeting the demand of Article 2 of the Constitution, which states, “no person except a natural born citizen … shall be eligible to the office of president.”*

However, even though congress received a similar request to review Barack Obamas; aka. Barry Soetoro birth place, the request was refused. So my question here would be why was McCain vetted and not Obama? More specifically, those who doubted McCain’s eligibility had an opportunity for a review but not those who doubt Obama. Even when I requested an audience with Governor Jan Brewer I received no reply, why.

That violates a liberty and right of every American and every person that lives in Arizona and each and everyone of them have been disenfranchised , because I am a members of a republic, and not a democracy I have a right to know who my president is and if he is legitimate.

“What I’m arguing is that, the Arizona Secretary of state “ at the time was Jan Brewer”, Congress and President Obama have violated my due process under the constitution of the United States of America and ignored our rights under the Ninth and tenth Amendments and the Arizona State constitution.

I have attached a letter from Rep. Eric Swafford of Tennessee, giving consent to Dr Orly Taitz to place his name as a plaintiff against Obama for no being qualified to be president, it is therefore my request that you and your office investigate the vetting process or lack thereof of Barach H Obama, aka; Barry Soetoro. To this date no one knows if he has changed his name legally. This would not disenfranchise the voters of Arizona because what he did violates the very essence of the Constitution. Barack Obama knows he isn’t a Natural Born Citizen, he knows that he became a senator under the clock of fraud, and the same with President. Although I must say he had a lot of help.

Discussion

If he [Barack Obama aka Barry Soetoro] was born in Hawaii, there are four (5) other obstacles to Senator Obama’s eligibility. However according to experts the documents he has posted on his site are a fraud, and were used for seed documents.

1. In and about 1967, Senator Obama moved to Indonesia, took the last name of his stepfather, Soetoro, and went by the name Barry Soetoro. In original legal action filed by Mr. Berg, he presented Senator Obama’s school registration, showing him registered as Barry Soetoro, Citizenship-Indonesian, Religion Islam, signed by L. Soetoro.

2. From 1945, Indonesia has not allowed dual citizenship and, therefore, Ms. Dunham-Obama-Soetoro, Senator Obama’s mother, had to relinquish her son’s U.S.citizenship in order to obtain Indonesian citizenship for him, which would make him ineligible to become a United States President.

3. Regrettably , the United States could not allow dual citizenship with Indonesia at that time, as Indonesia did not allow dual citizenship, and it was prohibited by the Hague Convention of 1930, as interfering with the internal affairs of another sovereign Country.

4. Upon return to the United States in and around 1971-1972, Senator Obama would have been required to go to the then current immigration procedures to regain his U.S. citizenship. There is no record of him ever doing that. Even if he had done so, he would be considered a naturalized citizen and not a “natural born” citizen.

5.Aassuming Senator Obama was born in what is now Kenya, at the time of Senator Obama’s birth in 1961, (now) Kenya was the British Protectorate of Zanzibar and Senator Obama was automatically accorded a form of British citizenship under Section 32(1) of the British Nationality Act of 1948, effective date January 28, 1949, based on his father’s citizenship.

Finally, in 1981, Senator Obama traveled to Pakistan, when there was a ban for U.S. citizens to travel to Pakistan. The only logical possibility for him to do so was by using one of his other passports: Indonesian, Kenyan, or British.

A sacrifice to public interest takes place when a citizen is deprived of a constitutional right or rights, See: Arnett v. Kennedy, 416 U. S. 134, 159, 40 L. Ed. 2d 15, 94 S. Ct. 1633 (1974)(quoting United States Civil Serv. Commission v. National Ass. Of Letter Carriers, 413 U. S. 548 , 579, 37 L. Ed. 2d 796, 93 S. Ct. 2880 (1973) . Obama not showing his “vault” birth certificate, that is the one sealed in Hawaii is in fact a sacrifice to public interest, that’s something we all deserve, he could avoid this by simply having his certificate released from the vault in Hawaii. States cannot diminish rights of the people; Hurtado v. California, 110 U. S. 516, where rights secured by the constitution are involved; there can be no rule making or legislation which would abrogate them, Miranda v. Arizona, supra. If the State refuses to investigate these allegations the State will be violating the rights of the people of Arizona. Article 1 section 9 clause 7 ( title of nobility) John McCain was vetted, however Obama; aka Barry Soetoro were not, so Barack Obama; aka Barry Soetoro needs to be vetted. There is a growing number of suits out there and Americans are made, especially those that were not informed. Discrimination, is the act of treating differently two persons or things under like circumstances, National Life v. United States, 277 U. S. 508, 630, McCain was not treated with the same respect as Obama, nor were the people of Arizona, that sir is discrimination. The denial of equal justice is still prohibited by the constitution, Yick Wo v. Hopkins, supra. All I’m asking for Mr. Goddard is the same respect that was shown to Barack H Obama, it is also your duty under the constitution to protect the rights of the people of Arizona. And just a reminder Mr. Goddard; pursuant to the Ninth Amendment and the Arizona constitution Article 2 § 13 of the “No law shall be enacted granting any citizen, class of citizens, or corporations other than municipal, privileges and immunities which, upon the same terms, shall not equally belong to all citizens”.

Respectfully submitted for investigation,



* "inapposite" = a term that lawyers love to throw around ;)
adj : of an inappropriate or misapplied nature [syn: out of place]

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PostPosted: Thu Sep 10, 2009 11:52 am 
Updated Docket:

Quote:
09/09/2009 8 NOTICE of Appearance by Brigham J Bowen on behalf of Hillary Clinton, Eric Holder, Janet Napolitano, Barry Soetoro, U.S. Citizenship and Immigration Services (Bowen, Brigham) (Entered: 09/09/2009)


I can't get Scribd to work at the moment, so ...
Quote:
Pursuant to Local Rules 83.1(b)(1) and 83.3(a), attorney Brigham J. Bowen of the United States Department of Justice, Civil Division, Federal Programs Branch, enters his appearance as lead counsel on behalf of defendants in the above-captioned case.
Dated: September 9, 2009 Respectfully submitted,
TONY WEST
Assistant Attorney General
ELIZABETH J. SHAPIRO
Deputy Branch Director
/s/ Brigham J. Bowen
BRIGHAM J. BOWEN
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
Tel: (202) 514-6289


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PostPosted: Thu Sep 10, 2009 12:23 pm 
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Quote:
Updated Docket:

09/09/2009 8 NOTICE of Appearance by Brigham J Bowen on behalf of Hillary Clinton, Eric Holder, Janet Napolitano, Barry Soetoro, U.S. Citizenship and Immigration Services (Bowen, Brigham) (Entered: 09/09/2009)


I was having problems also, but I finally got it to work.

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PostPosted: Thu Sep 10, 2009 12:36 pm 
thanx realist!


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PostPosted: Thu Sep 10, 2009 3:08 pm 
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Quote:
he knows that he became a senator under the clock of fraud


:shock: Be afraid, be very afraid - it's the dreaded clock of fraud!

Quote:
There is a growing number of suits out there and Americans are made, especially those that were not informed.


:? I has a confused...I thought suits were made and Americans (informed or not) were born!

=)) =)) =)) =))

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PostPosted: Thu Sep 10, 2009 3:10 pm 
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June bug wrote:
Quote:
he knows that he became a senator under the clock of fraud


:shock: Be afraid, be very afraid - it's the dreaded clock of fraud!

Quote:
There is a growing number of suits out there and Americans are made, especially those that were not informed.


:? I has a confused...I thought suits were made and Americans (informed or not) were born!

=)) =)) =)) =))

Depends on whether it's a natural born suit or not.

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PostPosted: Thu Sep 10, 2009 3:21 pm 
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Quote:
Depends on whether it's a natural born suit or not.
#-o

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PostPosted: Thu Sep 10, 2009 8:43 pm 
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Tes wrote:
Updated Docket:

Quote:
09/09/2009 8 NOTICE of Appearance by Brigham J Bowen on behalf of Hillary Clinton, Eric Holder, Janet Napolitano, Barry Soetoro, U.S. Citizenship and Immigration Services (Bowen, Brigham) (Entered: 09/09/2009)


Why would he list Obama as "Barry Soetoro" when that's not his name? It almost seems like they're making a concession to the Obama-haters by saying that "Barry Soetoro" is a legitimate name to call him, which would tend to support the hater's use of his name as a way of snidely saying that he's so fake, not even his name is legit.

Couldn't he have filed notice that he was appearing on the behalf of the other defendants, but can't appear on behalf of "Barry Soetoro" since there is no one by that name that he knows of?

I know it's considered idiotic when some of the Sovereign Citizens morons try to get out of a suit or following a legal order by claiming that their name wasn't capitalized the way they want it or wasn't punctuated they way they punctuate it, but in this case it's not just some silly little technicality - his name is *not* "Barry Soetoro" and if these buttheads are going to sue him, they should have to sue him under his legal name.

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PostPosted: Thu Sep 10, 2009 8:54 pm 
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Quote:
Why would he list Obama as "Barry Soetoro" when that's not his name?


Read the notice -- it doesn't say that.

It says, "... enters his appearance as lead counsel on behalf of defendants in the above-captioned case".


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PostPosted: Thu Sep 10, 2009 8:57 pm 
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thorswitch wrote:
Tes wrote:
Updated Docket:

Quote:
09/09/2009 8 NOTICE of Appearance by Brigham J Bowen on behalf of Hillary Clinton, Eric Holder, Janet Napolitano, Barry Soetoro, U.S. Citizenship and Immigration Services (Bowen, Brigham) (Entered: 09/09/2009)


Why would he list Obama as "Barry Soetoro" when that's not his name? It almost seems like they're making a concession to the Obama-haters by saying that "Barry Soetoro" is a legitimate name to call him, which would tend to support the hater's use of his name as a way of snidely saying that he's so fake, not even his name is legit.

Couldn't he have filed notice that he was appearing on the behalf of the other defendants, but can't appear on behalf of "Barry Soetoro" since there is no one by that name that he knows of?

I know it's considered idiotic when some of the Sovereign Citizens morons try to get out of a suit or following a legal order by claiming that their name wasn't capitalized the way they want it or wasn't punctuated they way they punctuate it, but in this case it's not just some silly little technicality - his name is *not* "Barry Soetoro" and if these buttheads are going to sue him, they should have to sue him under his legal name.

I understand how you feel, thorswitch, but if you look at the link itself, the notice reads: "...enters his appearance as lead counsel on behalf of defendants in the above captioned case." So Bowen doesn't actually use the name Barry Soetoro, it's simply part of the formal case name (Kenneth Allen v Barry Soetoro, aka Barack Hussein Obama, et al).

I'm not sure Bowen had a choice. (Now whether he should have had a choice is a whole 'nother thing, as they say.)

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PostPosted: Thu Sep 10, 2009 8:58 pm 
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Curious Blue wrote:
Quote:
Why would he list Obama as "Barry Soetoro" when that's not his name?


Read the notice -- it doesn't say that.

It says, "... enters his appearance as lead counsel on behalf of defendants in the above-captioned case".

CB, you're too quick for me!!! ?( - and better at self-editing too!

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PostPosted: Thu Sep 10, 2009 9:00 pm 
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June bug and Curious Blue wrote:
"...enters his appearance as lead counsel on behalf of defendants in the above captioned case."


Ah, ok - I didn't know that was just how the thing is titled. Thanks for clarifying that for me!

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I stand between the candle and the star
...between the darkness and the light

-- Paraphrased from "Babylon 5" created by J. Michael Straczynski

"Ignorance and prejudice and fear walk hand in hand'
-- from "Witch Hunt" by Rush on their "Moving Pictures" album.


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PostPosted: Thu Sep 10, 2009 9:03 pm 
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June bug wrote:
I'm not sure Bowen had a choice. (Now whether he should have had a choice is a whole 'nother thing, as they say.)


Bowen could have listed each defendant by name in his notice ("on behalf of Barack H. Obama, Eric Holder, Hillary Clinton" - etc.) -- but the entry on the docket would probably still show up the same.


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PostPosted: Thu Sep 10, 2009 9:05 pm 
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thorswitch wrote:
June bug and Curious Blue wrote:
"...enters his appearance as lead counsel on behalf of defendants in the above captioned case."


Ah, ok - I didn't know that was just how the thing is titled. Thanks for clarifying that for me!


You're very welcome. :P And, again, I do share your feelings about the whole Barry Soetoro BS. :x

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PostPosted: Thu Sep 10, 2009 9:43 pm 
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June bug wrote:
thorswitch wrote:
June bug and Curious Blue wrote:
"...enters his appearance as lead counsel on behalf of defendants in the above captioned case."


Ah, ok - I didn't know that was just how the thing is titled. Thanks for clarifying that for me!


You're very welcome. :P And, again, I do share your feelings about the whole Barry Soetoro BS. :x

Anyone who refers to Barack Obama as "Barry Soetoro" immediately labels himself a nutbag. That goes double for federal judges and law clerks -- when they see it they know it's time to get out the bullshit remover.

Do you think any of these constitutional heroes even knows who President William Blythe or President Leslie King are? (And just in the last 35 years.)

"Blythe" and "King" aren't exotic, so these racists seem to think that "Soetoro" is unAmerican and disqualifying in and of itself.

What these people do by these things is merely show their racism, their Xenophobia and their personal insanities.

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PostPosted: Thu Sep 10, 2009 9:51 pm 
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Sterngard Friegen wrote:
Quote:
What these people do by these things is merely show their racism, their Xenophobia and their personal insanities.

Stern, don't be so shy, tell us how you really feel! :lol:

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PostPosted: Thu Sep 10, 2009 9:52 pm 
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June bug wrote:
Sterngard Friegen wrote:
Quote:
What these people do by these things is merely show their racism, their Xenophobia and their personal insanities.

Stern, don't be so shy, tell us how you really feel! :lol:

As the only schadenfreud artist on this board I will let the birfoons speak for themselves.

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PostPosted: Thu Sep 10, 2009 10:12 pm 
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As the only schadenfreud artist on this board


Somehow I suspect that may raise a challenge. (nope, not from me, but just sayin'...) :-

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PostPosted: Thu Sep 10, 2009 10:13 pm 
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realist wrote:
Quote:
As the only schadenfreud artist on this board


Somehow I suspect that may raise a challenge. (nope, not from me, but just sayin'...) :-

I have a landsman here? (It's in my profile.)

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PostPosted: Mon Sep 21, 2009 10:03 am 
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I did not see the most recent entry on the docket posted here, #9.
Nothing else docketed...yet. ;)


Quote:
09/16/2009 9 [RECAP] PROOF OF SERVICE by Kenneth L. Allen (JKM, ) (Entered: 09/17/2009)

09/09/2009 8[RECAP] NOTICE of Appearance by Brigham J Bowen on behalf of Hillary Clinton, Eric Holder, Janet Napolitano, Barry Soetoro, U.S. Citizenship and Immigration Services (Bowen, Brigham) (Entered: 09/09/2009)

08/11/2009 7[RECAP] Summons Returned executed as to Barray Soetoro by Kenneth L. Allen (KDT, ) Modified on 8/20/2009 from Proof of Service to Summons returned executed (PAB, ). (Entered: 08/13/2009)

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PostPosted: Wed Sep 23, 2009 1:26 am 
realist wrote:
I did not see the most recent entry on the docket posted here, #9.
Nothing else docketed...yet. ;)


Quote:
09/16/2009 9 [RECAP] PROOF OF SERVICE by Kenneth L. Allen (JKM, ) (Entered: 09/17/2009)

09/09/2009 8[RECAP] NOTICE of Appearance by Brigham J Bowen on behalf of Hillary Clinton, Eric Holder, Janet Napolitano, Barry Soetoro, U.S. Citizenship and Immigration Services (Bowen, Brigham) (Entered: 09/09/2009)

08/11/2009 7[RECAP] Summons Returned executed as to Barray Soetoro by Kenneth L. Allen (KDT, ) Modified on 8/20/2009 from Proof of Service to Summons returned executed (PAB, ). (Entered: 08/13/2009)


"In proper person."

lol


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PostPosted: Mon Sep 28, 2009 3:47 pm 
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Joined: Fri Jan 23, 2009 1:33 pm
Posts: 23530
New Docket Entries...

Quote:
09/21/2009 10 Plaintiff's Notice of Motion and Motion for Leave to File Amended Complaint by Kenneth L. Allen (BAC, ) (Entered: 09/23/2009)

09/21/2009 12 CERTIFICATE OF SERVICE by Kenneth L. Allen (BAC, ) (Entered: 09/23/2009)

09/23/2009 11 MOTION to Amend/Correct re: Amended Complaint by Kenneth L. Allen. (Attachments: # 1 Exhibit Amended Complaint)(BAC, ) (Entered: 09/23/2009)

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