CA – Judd v Obama – Motion to dismiss

Wow, contrary to Orly’s beliefs, they are also representing Judge Clay Land… And what a filing, the reason to dismiss is as simple as it is elegant: Orly filed for removal but lacks the right to do so.

Plaintiffs’ complaint is in large measure indecipherable,  and clearly violates Rule 8 insofar as moving defendants are concerned, because as to them, it fails to contain a short and plain statement of the grounds for the court’s jurisdiction, and a short and plain statement showing that plaintiffs are entitled to any relief. See Fed.R.Civ.P. 8. Plaintiffs appear to seek to bring a multitude of claims sounding in tort and for violations of statutory law, generally alleging that President Obama is using “forged and fraudulently obtained identification papers” to run for elected office. See Complaint, 10. The Federal Defendants responding herein, namely, Michael Astrue, Commissioner of the Social Security Administration, William Chatfield, former Director of the Selective Service, Janet Napolitano, Secretary of the Department of Homeland Security, Eric Holder, United States Attorney General, Clay D. Land, District Judge, and Patrick Donahoe, Postmaster General, are each sued in his or her official capacity.

and the reason for Orly’s failure? She incorrectly filed for removal

Plaintiff Taitz’ removal of her own case to this Court was completely impermissible as a matter of law, and this court therefore lacks subject matter jurisdiction. As this Court is aware, jurisdiction must first be established in all removed cases. See United Investors Life Ins. Co. v. Waddell & Reed Inc., 360 F.3d 960, 967 (9th Cir. 2004) (A “district court ha[s] a duty to establish subject matter jurisdiction over the removed action sua sponte, whether the parties raised the issue or not.”). Because the removal by Plaintiff of her own case is improper and divests the court of jurisdiction, this Court is respectfully requested to dismiss the action.

10/11/ 27 NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities In Support filed by Federal Defendants Michael Astrue, William A Chatfield, Patrick R Donahoe, Eric Holder, Clay D Land, Janet Napolitano. Motion set for hearing on 11/19/2012 at 08:30 AM before Judge David O. Carter. (West, Roger) (Entered: 10/11/2012)