HAS FAILED TO IMPLEMENT RULES 54 AND 58
Legal analysis by John Charlton
(Oct. 30, 2009) — Dispite all his rancor and loony constitutional theories, Judge David O. Carter has failed to give final judgment in the case Barnett vs. Obama, leaving the door open to further filings and proceedings.
His ruling has not dismissed the case, but rather merely dismissed arguments presented so far. This is the interpretation had if you read the Federal Rules of Civil Procedure 54 and 58.
Rule 54(b) reads as follows:
(b) Judgment on Multiple Claims or Involving Multiple Parties.
When an action presents more than one claim for relief — whether as a claim, counterclaim, crossclaim, or third-party claim — or when multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties’ rights and liabilities.
Rule 58 (a & b) reads as follows:
(a) Separate Document.
Every judgment and amended judgment must be set out in a separate document, but a separate document is not required for an order disposing of a motion:
(1) for judgment under Rule 50(b);
(2) to amend or make additional findings under Rule 52(b);
(3) for attorney’s fees under Rule 54;
(4) for a new trial, or to alter or amend the judgment, under Rule 59; or
(5) for relief under Rule 60.
(b) Entering Judgment.
(1) Without the Court’s Direction.
Subject to Rule 54(b) and unless the court orders otherwise, the clerk must, without awaiting the court’s direction, promptly prepare, sign, and enter the judgment when:
(A) the jury returns a general verdict;
(B) the court awards only costs or a sum certain; or
(C) the court denies all relief.
From this it can be seen that since the clerk has not yet added a Judgment record to the Docket, that Carter is indicating, despite his heavy handedness to the Plaintiffs, that he might allow a second amended complaint, which includes a request for relief for the political candidates, whom he acknowledged had standing, so long as their request for relief was redressable: such as a monetary reward howsoever small.
Judge Carter has from 10 to 30 days after his ruling on the Motion to Dismiss to add such a judgment dismissing the case with prejudice to the docket, otherwise he is formally indicating that he expects Dr. Orly Taitz, lead counsel for the plaintiffs, and Attorney Gary Kreep, for his plaintiffs, to submit a request to file a second amended complaint. Indeed, without such ruling added to the docket, the Plaintiffs can initiate such a request action.
It seems that there’s too many good, upstanding, U.S. Citizens and patriots who are not familiar with the FLAG CODE.
My flag will continue to fly “upside down” and has since the election results of the evil muslim communist, parasite, USURPER, barack hussein obama! My POW/MIA flag and USMC flag fly “right side up” below the “upside down” American flag on my 20 foot flag pole, in my front yard! I encourage all patriotic American citizens to do the same until this evil muslim communist, parasite, USURPER, barack hussein obama, his evil wife michelle obama and all of his gangster followers are removed and imprisoned as TRAITORS!!
Why is the US Flag displayed Upside Down?
The upside down U.S. Flag is an official signal of distress. It is not meant to be, and is not officially recognized as any type of disrespect when so displayed for the right reasons. To the contrary, here is the relevant part of the US Code of Laws regarding how to fly the flag when in distress:
THE FLAG CODE
Title 36, U.S.C., Chapter 10
As amended by P.L. 344, 94th Congress
Approved July 7, 1976
§ 176. Respect for flag: No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.
(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
Most individuals who have served in the military service of our nation will (or should) recognize this signal.
As a result of the many traitors and enemies we as a free people have, both foreign and domestic, as a result of the many unconstitutional acts, legislation and atrocities passed and/or committed against US citizens and their life, liberty and property, and as a result of policies that have allowed (and continue to allow) enemies of this nation to enter in large numbers through a porous border policy, I believe the life, liberty and property of US Citizens are in dire danger and distress.
http://www1.freewebs.com/jeffhead/liberty/flagdistress.htm
This Is My Statement and I’m stickin to it!!!
There are always …
Too many Democratic congressmen,
Too many Republican congressmen,
And never enough U.S. Congressmen.
~Author Unknown ~
A United States Veteran is someone who,
At one point in his or her life,
Wrote a blank check made payable to,
“The People of the United States of America”,
For an amount “…Up to and including my life.”
~Author Unknown ~
FREEDOM IS NOT FREE!
GOD BLESS AMERICA!
GOD BLESS ISRAEL!
Bob Pinkstaff
Gunnery Sergeant
United States Marine Corps Retired
AMERICAN CITIZEN BY BIRTH, UNITED STATES MARINE BY CHOICE!
THE 234TH BIRTHDAY OF THE UNITED STATES MARINE CORPS, 10 NOVEMBER 1775!!
THE FEW, THE PROUD, THE MARINES!!
ONCE A MARINE, ALWAYS A MARINE!!
HAPPY 234TH UNITED STATES MARINE CORPS BIRTHDAY TO ALL MARINES!!
OORAH AND GOD BLESS!!
There are always …
Too many Democratic congressmen,
Too many Republican congressmen,
And never enough U.S. Congressmen.
~Author Unknown ~
A United States Veteran is someone who,
At one point in his or her life,
Wrote a blank check made payable to,
“The People of the United States of America”,
For an amount “…Up to and including my life.”
~Author Unknown ~
FREEDOM IS NOT FREE!
GOD BLESS AMERICA!
GOD BLESS ISRAEL!
Bob Pinkstaff
Gunnery Sergeant
United States Marine Corps Retired
AMERICAN CITIZEN BY BIRTH, UNITED STATES MARINE BY CHOICE!
This is my response to those ignorant, uniformed, naive people who have taken offense to Alexander freeman’s post …
Alexander Freeborn Check out the discussion ‘What we must do and Why Part 1’
Be sure to read this. It may save your life, or the life of a fellow American Citizen.
Discussion posted by Alexander Freeborn:
Our Father who is in Heaven, I ask in the name of Jesus Christ that everyone reads this slowly and fully understands, and that we as a pe…
Discussion link:
What we must do and Why Part 1
Semper FI Alexander and God bless!!
GySgt Bob Pinkstaff
USMC Retired
**************************************************************************
MY COUNTRY AND OUR WAY OF LIFE THAT SO MANY OF US HAVE FOUGHT AND DIED FOR, THE UNITED STATES OF AMERICA, IS IN DEEP, DEEP TROUBLE!
MY AMERICAN FLAG IS FLYING UPSIDE DOWN TODAY AND HAS BEEN FLYING UPSIDE DOWN SINCE THE ELECTION OF THIS EVIL Muslim COMMUNIST PARASITE, USURPER, barack hussein obama! BENEATH MY AMERICAN FLAG THAT IS FLYING UPSIDE DOWN, ARE THE POW/MIA & UNITED STATES MARINE CORPS FLAGS, BOTH FLYING RIGHT SIDE UP, ON MY 20 FOOT FLAG POLE!!
MY FLAGS WILL CONTINUE TO FLY IN THIS CONFIGURATION UNTIL THE EVIL Muslim COMMUNIST PARASITE, USURPER, barack hussein obama, his evil wife Michelle obama AND THE ENTIRE WASHINGTON D.C. TRAITOROUS EVIL CULT IS EVICTED FROM THE WHITE HOUSE AND THE RULE OF AMERICAN LAW, THE UNALTERED U.S. CONSTITUTION IS RESTORED!
FOR THE UNINFORMED AND NAIVE WHO THINK IT IS DISRESPECTFUL, I SAY “TOUGH SH*T!!”
There are always …
Too many Democratic congressmen,
Too many Republican congressmen,
And never enough U.S. Congressmen.
~Author Unknown ~
FREEDOM IS NOT FREE!
GOD BLESS AMERICA!
GOD BLESS ISRAEL!
Bob Pinkstaff
Gunnery Sergeant
United States Marine Corps Retired
AMERICAN CITIZEN BY BIRTH, UNITED STATES MARINE BY CHOICE!
just returned from hawaii dont think that the folks there are too prud of there native son what does that tell ya
?iM REAL DISAPPOINTED IN JUDGE CATER HE WOULD HAVE BEEN A HERO.
WONDER WOMAN, PATRIOT & HERO DR. ORLY TAITZ ESQ, FILES DECLARATION WITH PLEADINGS!
PATRIOTS,
Let’s all stand with and support Dr. Orly Taitz Esq, both financially and morally, in her relentless drive to rid the white house of the evil muslim communist parasite, USURPER, barack hussein obama, his evil wife michelle obama, the Washington D.C clan who call themselves U.S senators, congressmen/women and judges!
Dr. Orly Taitz is our last best hope for a “peaceful resolution, I repeat, a peaceful resolution” to this issue, the return to the rule of law under the unaltered U.S. Constitution and the Republic of the United States of America! Please scroll down to read her “declaration”. God Bless Dr. Orly Taitz Esq!
There are always …
Too many Democratic congressmen,
Too many Republican congressmen,
And never enough U.S. Congressmen.
~Author Unknown ~
FREEDOM IS NOT FREE!
GOD BLESS AMERICA!
GOD BLESS ISRAEL!
Bob Pinkstaff
Gunnery Sergeant
United States Marine Corps Retired
AMERICAN CITIZEN BY BIRTH, UNITED STATES MARINE BY CHOICE!
This declaration is being filed with upcoming pleadings
Posted on | November 5, 2009 | 5 Comments
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
Captain Pamela Barnett, et al.,
Plaintiffs, §
§
v. § Civil Action:
§
Barack Hussein Obama, § SACV09-00082-DOC-AN
Michelle L.R. Obama, §
Hillary Rodham Clinton, Secretary of State, §
Robert M. Gates, Secretary of Defense, § Motion for
Joseph R. Biden, Vice-President and § Reconsideration
President of the Senate, §
Defendants. §
Declaration of Orly Taitz
1.My name is Orly Taitz. I am over 18 years old, am of sound mind and free of any mental disease or psychological impairment of any kind or condition.
2.I am a citizen of the United States of America and a resident of the state of California.
3.I am an attorney and an officer of the court licensed in all courts of the state of California, Supreme Court of the United States, Federal District Court in the central District of the State of California and have practiced pro hac vice in the states of Texas, Pennsylvania and Georgia.
4.This declaration is made in response to the October 29th order in above captioned case.
5.During the October 5 hearing in the above mentioned case Judge David O. Carter stated that I encouraged my supporters to call him.
6.I declare under penalty of perjury that this is not true.
7.During the hearing I tried to protest this defamatory allegation against me and asked to speak. However, Judge Carter refused to let me speak and respond to this allegation.
8.In the same order on page 29, Judge Carter has stated that he received letters with affidavits, claiming that I asked potential witnesses to perjure themselves.
9.I declare that this is absolutely and categorically not true, and it constitutes an outrageous defamatory and slanderous accusation. Those letters were ex parte communications, highly prejudicial against me and my clients and I had no opportunity to respond and deny those accusations.
10.I believe that the court referred to the letters from Larry Sinclair and Lucas Smith. Both parties were contacted and asked to be witnesses during the motion hearing on September 8, 2009.
11. I have asked Larry Sinclair to authenticate an affidavit he submitted to the Chicago police regarding the homicide of Mr. Donald Young. In fact, the statements to which Mr. Sinclair would testify are already a matter of public record.
1.In the affidavit submitted to the Chicago Police and in his book, recently published, Mr. Sinclair stated that Mr. Donald Young contacted him repeatedly and told Mr. Sinclair that he had a lengthy homosexual relationship with Mr. Obama.
2.The affidavit further said that Mr. Young was found dead, shot in the back of his head at the onset of the Democratic primaries for 2008 presidential election.
3.Any allegation that I asked Mr. Sinclair to perjure himself is not only completely defamatory, but lacks any sense or reason, as Mr. Sinclair’s affidavit regarding Mr. Young’s homicide can be found filed with the Chicago police department and in his book, that can be purchased on the Internet.
12. I asked Mr. Lucas Smith to authenticate Kenyan birth certificate for Mr. Barack Hussein Obama, which he previously tried to sell to the highest bidder on E-bay. Again, any allegations that I asked Mr. Smith to perjure himself is absolutely not true, defamatory and ludicrous, as he made this information available to the public long before he ever met me.
13. As of now I am the only attorney with the courage, integrity and strength of character to not only bring forward information of Mr. Barack Obama not being eligible for the office of the presidency, but I am also to submit to court information from two licensed investigators, showing that Mr. Obama has used 39 different social security numbers according to national databases, including social security numbers of deceased individuals.
14.I am bringing forward evidence showing that Mr. Barack Hussein Obama, sitting president, is guilty of multiple felonies, for which he might need to spend the rest of his life in prison.
15. I believe, that I am being targeted in an effort to silence me, which involves targeting my law license in an attempt to try to prevent me from proceeding with legal actions on the above issues.
I solemnly swear under penalty of perjury that all the facts stated and circumstances described above are true and correct statements.
Respectfully submitted,
NOVEMBER 5, 2009
/s/ ORLY TAITZ, ESQ.
By:__________________________________
Dr. Orly Taitz, Attorney-at-Law
29839 Santa Margarita Parkway
Rancho Santa Margarita CA 92688
Tel: (949) 683-5411; Fax (949) 766-7036
California State Bar No.: 223433
E-Mail: dr_taitz@yahoo.com
Ladies and Gentlemen:
I believe we are all overcome with sadness
and disgust at Judge David Carter. But this is
the wrong reaction to hold onto for very long.
We need to plan on a congressional
impeachment due to eligibility problems of BHO.
Congress does not allow “motion to dismiss”
arguments.
We need a well worded package we can
send to ever congressman, senator, legislator
and state governor in our beloved country.
This would include the following:
01) The birth certificates and their method
of certification.
02) The corresponding evidence that no
hospital in Hawaii can claim he was
born in their confines, Also, no one
remembers he or his mother as having
been in any such institution.
03) The evidence that BHO is hiding his
school records, passports, and other
important documents.
None of these statements should be so lengthy
that no one will read them. The “Abstract”
of these should be swift and very sharp.
Then the proofs or arguments should follow in
good detail. … but not of the judiciary, in-court
type.
Of course, you can add on the use of several
SSNs. But the most likely reason for such
usage should be pointed out clearly.
If several senators admitted having received
such a well prepared package, the demand to
see such documentation — will grow. The
effort is to have people well informed.
Joseph Dawn
John Carlton,
Has Judge Carter Terminated
Barnett vs Obama ?
The Docket Report says:
“Defendent Motion to dismiss is granted,it is so ordered(MD JS-6, case terminated)”.
But there is no such entry in the :
“Order Docket”
Mr. Carlton could you please clarify?
I am hoping the case is still alive!
—————
Mr. Charlton replies: Read the citations from the Rules of Civil Procedure above. They have not been complied with until the Court or the clerk add an order dismissing the case with or without prejudice. Carter does not even say he has dismissed the case; only that he has granted the Motion to Dismiss. Those are two different things; Notice that in the Kerchner vs. Obama case, the Court added a separate document dismissing the case. Does Carter run his court according to the Rules for Civil Procedure? I cannot answer that question.
JUDGE CARTER WINS AMERICAS’ “WIMP OF THE CENTURY” AWARD FOR COWARDICE IN THE LINE OF DUTY!!
The cowardly “WIMP” judge carter is not taking comments of any kind. In fact, judge carter and his web site are in hiding behind the skirts of of the cowardly congress and his partner in crime, the evil muslim communist parasite, USURPER, barack hussein obama, his evil wife michelle obama!
WONDER WOMAN, DR. ORLY TAITZ ESQ, DESERVES THE PULITZER PEACE PRIZE AWARD!
This fine lady, Dr Orly Taiz, is a “HERO” in the truest sense of the word! Like the true Patriot Freedom Fighter she is, Dr Orly Taiz has gone “above and beyond the call of duty” leading this battle against the evil Muslim communist, USURPER, barack hussein obama, from the beginning, surrender has never been an option for Hero Dr, Orly Taitz Esq!
I will proudly stand with and support Dr. Orly taitz Esq in her battle to save and protect the American way of life, the U.S. Constitution (as written) and, the freedoms and way of life that many millions of us have fought and died for.
We patriotic American citizens thought judge carter was the one and only God Fearing, honest judge left in the United States who believed in, and would honor his two sworn oaths, to defend the the U.S. Constitution both as a United States Marine and judge!
NOT SO, NOT SO, NOT SO, NOT SO, JUDGE CARTER “WIMPS OUT”, COWARDICE IN THE LINE OF DUTY!
Judge Carter has dishonored two (2) sworn oaths, the first sworn oath when he entered the Marine Corps, the second sworn oath when he was sworn in as a judge. Judge Carter now joins the ranks of “dishonorable Marines” Roberts, Warner, Murtha in Washington D.C who have blatantly dishonored their two (2) sworn oaths by refusing to honor and defend the U.S. Constitution. This also applies to all other elected/appointed Marines, Army, Navy, Air Force, Coast Guard and civilian personnel in the state and federal government.
Judge Carter and the above named also win Americas’ coveted award, “WIMP OF THE CENTURY” for cowardice in the line of duty!
The current elected congressmen and women/judges/appointed officials both state and federal have trashed the U.S. Constitution and surrendered the United States of America to the communist NWO without batting an eye, through the evil Muslim communist parasite, USURPER, barack hussein obama, his evil wife Michelle obama and his communist regime known as the NWO!
There are always …
Too many Democratic congressmen,
Too many Republican congressmen,
And never enough U.S. Congressmen.
~Author Unknown ~
FREEDOM IS NOT FREE!
GOD BLESS AMERICA!
GOD BLESS ISRAEL!
Bob Pinkstaff
Gunnery Sergeant
United States Marine Corps Retired
AMERICAN CITIZEN BY BIRTH, UNITED STATES MARINE BY CHOICE!
I don’t understand is this case dead or alive?
——————
Mr. Charles replies: Until Carter acts, the answer is uncertain.
Like everything relating to Obama it is all about controlling MSM involvement through continuous spin and propaganda. While I hold high regard and respect for Ms. Taitz. and the work she has done, the MSM have been able to frame her as unqualified and crazy. It seems Carter used these views to hide and coward, rather than judge and rule according to the letter of the law. It is safe to assume, the arrogant talking heads look at Ms. Taitz with disdain and lacking what they deem to be acceptable “impeccable credentials” worthy of the little kings attention. This being the reality for the whole corrupt Feds and MSM, IF a so-called “name-plate” [known constitutional expert] “legal eagle” came forward to be the “front man”, THEN Carter would have little option but to swallow rather than hide behind unfair and inappropriate attacks against Ms. Taitz. Time will tell for the questions you pose about Carter, but at this point, he is nothing more than a coward that I do not trust, and far from worthy of the position he holds.
Judge Carter granted dismissal of the cases not redressable there, but not final judgment because Alan Keyes still has a redressable claim for tort fraud damages against Candidate pre-President Obama (consistent with the trial still being on the docket).
ccbn213:
BINGO!
So if they amend the filing it will still go to trial? He would still have to produce the papers which could eventually lead to removal from office. Correct? Once it’s disclosed it would be out there for all to see including Congress. They would have to admit it then.
————-
Mr. Charlton replies: Yes; Yes; No.
Obama is spending American tax dollars to cover his nontransparent past. Why would he do this if all he had to do was show the records, There is more to this than we know and Obama is hiding something. There no other viable reason that fits.
If and when, Dr. Taitz submits a second amended complaint and Judge Carter agrees to the plaintiffs seeking a monetary relief. Is there a possiblity, such an action might be settled out of court. How might the additional plaintiffs (Kreep) determine how far the lawsuit proceeds before someone might be bought out? Should Dr. Taitz recuse Judge Carter for his slanderous remarks? She’ll have to confront him again in order to accomplish this action. I guess she’ll have to tai quon doe this Judge upside his jar-head moron a time or two, to achieve the desired results.
It takes a simple ‘motion to reconsider,’ that’s all, to keep this case alive and kicking.
Bottom line, Judge Carter is letting Congress deal with the political stink of Obama — rather than the Constitutional nightmare of endeavoring to have a Court deal with it.
I now beleive Judge Carter masterfully did this in a way that there’s nothing the Govt. Obama Team can appeal or delay by appeal, since, after all, they did get a Dismissal Granted; it’s just that it’s NOT a dismissal of the claim which is still redressable, that being Keyes for fraud in tort.
Thank you very much Mr. Charlton, you are the silver lining in this cloud of despair. Judge Carters dismissal of what many hoped was set in granite to a trial date has been renewed through your understanding of our legal system. Should, the trial proceed with Dr. Alan Keyes and plaintiffs would there be discovery allowed and would the lawsuit be tried before a jury. As, Judge Carter had confirmed the Courts docket to set the trial dates will the lawsuit proceed accordinally?
Looks like Judge Carter HAS enabled checkmate against Team Obama after all:
Well done, Orly Taitz case moves forward solely for Plaintiff Keyes for redressable relief of monetary damages, thereby avoiding political question (leave that to Congress once Keyes recovers even nominal damages for pre-Presidential fraud against Candidate Obama) and Team Obama has nothing to appeal to delay the trial.
CARTER DECISION FATAL FLAW: When all is said and done, ONE CLAIM MOST DEFINITELY SURVIVES, and that is Keyes’ claim for fraud committed by Candidate Obama before becoming President, which Judge Carter pretends away on the sole basis of Orly having filed same on 1/20/09 at an hour after Obama took the Oath. That’s a “red herring” because Obama took the valid Oath on 1/21/09, no Presidential immunity exists for tort fraud by Candidate Obama before becoming President, and “before-or-after” Oath filing by Orly is irrelevant for such case which does NOT seek Presidential removal, albeit Judge Carter pretends that IS the sole relief sought by Keyes.