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Saturday, October 18, 2008

Barack Obama Birth Certificate Hawaii lawsuit documents

ANDY MARTIN
Post Office Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
Temporary Hawai’i
tel. (917) 664-9329
Plaintiff pro se


CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII

CIVIL NUMBER: 08-1-2147-10
(Declaratory Judgment)
Judge Ayabe

COMPLAINT FOR
DECLARATORY JUDGMENT;
EXHIBIT 1: SUMMONS

ANDY MARTIN,

Plaintiff,

vs.

LINDA LINGLE, in her
Official capacity as Governor
Of the State of Hawai’i,
DR. CHIYOME FUKINO, in her
official capacity as Director
of the Department of Health,

Defendants.
_________________________________


COMPLAINT FOR DECLARATORY JUDGMENT

Plaintiff ANDY MARTIN (“Plaintiff”), pro se, alleges in his Complaint for Declaratory Judgment against the Defendants as follows:

PARTIES, JURISDICTION AND VENUE

Plaintiff ANDY MARTIN is the author of a book on Senator Barack Obama (“Senator Obama”). He has also been writing columns and commentary about the senator for over four (4) years.
Defendants LINDA LINGLE and DR. CHIYOME FUKINO are Governor and Director of the Department of Health, respectively.
This Complaint for Declaratory Relief and these proceedings are instituted pursuant to § 632-1, Hawai’i Revised Statutes.
Venue is proper in this Court pursuant to § 603-36, Hawaii Revised Statutes.

STATEMENT OF CLAIM

1. Plaintiff requested a certified copy of the birth certificate of Senator Obama from the Department of Health and tendered the requisite fee.
2. Defendants refused to provide a copy of said certificate, invoking the confidentiality statutes of the State.
3. The issue of the Senator’s birth certificate has become a controversial topic of intense national speculation.
4. As an author who strives for factual accuracy and attempts to conduct thorough research Plaintiff wants a copy of the Senator’s birth certificate attested to by the State and not a “certificate” which is posted on a web site and which has been debunked as possibly having been altered.
5. One of the more literate and temperate analyses of the unlawfulness of the Defendants’ refusal to issue certified copies of the birth certificate is contained in Exhibit 1 attached hereto.
6. To the extent that the Defendants’ files contain or retain original supporting data for the birth certificate, Plaintiff asks that he also be supplied with that information and/or material as well.
7. It is axiomatic that the birth certificate of a presidential candidate is a document of crucial public concern and significance.
8. While Hawai’i statutes call for a balancing or weighing test where production is considered by a court, most respectfully Plaintiff submits that the balance falls entirely on the side of disclosure where the original birth certificate of a presidential candidate is concerned.

DECLARATORY RELIEF SOUGHT

9. Based on the relevant statutes and constitutional law, including Article One, Section 4 (“freedom of the press”) and § 92F-15 (e) and § 338-18 (a) (9), Plaintiff asks that the Court direct and order defendants to turn over forthwith a copy of Senator Obama’s birth certificate and related files and records, and without any delay.
WHEREFORE, Plaintiff Andy Martin prays for relief as follows:
A. For a declaration by this Court that Plaintiff is an author and writer and is a person to whom the birth certificate of Senator Obama can and should properly be delivered forthwith;
B. For such other relief as this Court deems just and equitable.

Dated: Honolulu, Hawai’i, October 17, 2008

Respectfully submitted,
ANDY MARTIN
Plaintiff Pro se


ANDY MARTIN
Post Office Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
Temporary Hawai’i
tel. (917) 664-9329
Plaintiff pro se

CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII

CIVIL NUMBER: 08-1-2147-10 BIA

EMERGENCY MOTION
FOR ORDER TO SHOW CAUSE

ANDY MARTIN,

Plaintiff,

vs.

LINDA LINGLE, in her
Official capacity as Governor
Of the State of Hawai’i,
DR. CHIYOME FUKINO, in her
official capacity as Director
of the Department of Health,

Defendants.
_________________________________

EMERGENCY MOTION FOR ORDER TO SHOW CAUSE

Plaintiff ANDY MARTIN (“Plaintiff”), pro se, respectfully moves this Court on an emergency basis for an Order to Show Cause (“OSC”) directing the defendants to show cause on or before October 22, 2008 at a hearing before this Court why the relief requested by the Plaintiff should not be granted.
1. This lawsuit does not involve complicated or disputed facts.
2. Time is of the essence because Plaintiff would like to write columns and articles about the Birth Certificate before November 3, 2008.
3. Plaintiff is physically present in Hawai’i and is available to appear before the Court in person at any hearing on or before October 22, 2008.
4. There is intense national interest in access to an officially certified copy of the birth certificate in question as well as any related supporting information which the defendants may have in their possession.
5. A proposed OSC is attached to this Emergency Motion.

Dated: Honolulu, Hawai’i, October 17, 2008

Respectfully submitted,
ANDY MARTIN
Plaintiff Pro se

11 Comments:

Blogger Momkiss said...

Let's see if they can produce it before election. Keep us posted!

7:04 AM  
Blogger STOPBHO said...

Sign the "Stop the Obama Constitutional Crisis Petition"


http://www.rallycongress.com/constitutional-qualification/1244/stop-obama-constitutional-crisis/

9:28 PM  
Blogger Adrian said...

The Constitution of the United States of America requires that a person must be a natural born citizen in order to serve a President.

Verification of this qualification may be required by ANY citizen and/or sworn public servant post haste.

This is the highest law in the land. Lawyers, Judges, Politicians and law enforcement officers are ALL sworn to uphold the Constitution of the United States.

Failure to uphold the tenants of the Constitution is a cause of action again those who fail to perform their duty -- either as malfeasance or dereliction of duty.

10:04 AM  
Blogger gloria said...

I just do not understand why someone who does not have anything to hide would not just provide the proof or evidence of discovery. I also do not under why with the importance and timeliness of the issue why the courts are dragging their feet on the lawsuits. Appears there must be some truth to all this and how scary for the nation that we cannot get answers.

2:52 PM  
Blogger Momkiss said...

If the judge throw the case out- there will be appeals. If he allows it to go forward- public opinion will center on the fact the case has merits. The judge is within his rights to take his time although he could go over his head but no one takes kindly when that happens. Hold your breath for a ruling- two months today was the filing for Berg vs Obama--hope this one moves faster in the courts of HI!

6:59 PM  
Blogger STOPBHO said...

Here is another lawsuit and where it stands. The DNC have filed for two(2) dismissals.

www.obamacrimes.com

8:12 PM  
Blogger Adrian said...

Important reading:

Videos that will cause Obama to lose the election
http://www.nextgenerationcorp.com/NextGenBlog/?p=68

Barack Obama is a national security risk
http://www.nextgenerationcorp.com/NextGenBlog/?p=32

Who is Barack Hussein Obama
http://www.nextgenerationcorp.com/NextGenBlog/?p=59

Barack Obama on Abortion
http://www.nextgenerationcorp.com/NextGenBlog/?p=35

2:51 PM  
Blogger STOPBHO said...

Mike Savage iterview with Philip Berg


http://michaelsavage.wnd.com/?pageId=2256

Email it to everyone you know!

7:43 AM  
Blogger STOPBHO said...

interview

7:44 AM  
Blogger kwdavids said...

Looks like Andy is getting his wish:

http://www.obamaconspiracy.org/wp-admin/post.php?action=edit&post=308

1:12 PM  
Blogger rosie said...

i enjoyed the post, you have a nice site.thanks for the information, I’ll be making the necessary changes thanks to your tips...

Public Records

11:48 PM  

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