Case dismissed on the grounds that it’s incomprehensible gibberish.
06/16/2014 4 MEMORANDUM ORDER: It is ordered that the plaintiffs’ Petition for Writ of Mandamus and 2 Motion for Preliminary Injunction Hearing are DENIED; and it is further ordered that the plaintiffs’ complaint is DISMISSED. Signed by Judge Richard J. Leon on 06/13/14. (tb, ) Modified on 6/16/2014 (tb, ). (Entered: 06/16/2014)
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS
CHRISTOPHER EARL STRUNK, Petitioner,
– against – DAVID PATERSON, et al.,
Respondents.
Index No. 29642108
Justice David I. Schmidt
MEMORANDUM OF LAW IN OPPOSITION TO MOTIONS FOR RENEWAL OR REARGUMENT
ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
120 Broadway, 24th Floor New York, New York 10271 (212) 416-8567
JOSHUA PEPPER Assistant Attorney General of Counsel
The judge in the case once again denies another frivolous filing by our friend Strunk and reconfirming the simple facts of Natural Born: Birth on soil.
Primarily, plaintiff STRUNK attempts to revisit this Court’s dismissal of his complaint. With respect to plaintiff’s argument that this Court misapprehended his argument that President Obama is not a “natural-born” citizen, plaintiff STRUNK contends that this Court construed plaintiff’s definition of that term to require that both of the President’s parents be natives of the Untied States, when he was arguing that both parents must have been United States citizens. This is of no moment because this Court dismissed the complaint based upon lack of standing and collateral estoppel. Further, as to the merits of this argument, the Fourteenth Amendment defines citizenship as “[a]ll persons born or naturalized in the Untied States.” Moreover, the United States Supreme Court held, in Miller v Albright (452 US 420, 423-424 [1998]), that:
There are “two sources of citizenship and two only: birth and naturalization.” United States v Wong Kim Ark, 169 US 649, 702 (1898). Within the former category, the Fourteenth Amendment of the Constitution guarantees that every person “born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization.” 169 US at 702.
Thus, anyone born in the United States is a natural-born citizen, irrespective of parentage.
Native and Natural Born Citizenship Explored 