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Obama Appointed Judge Rules On Obama Social Security Number FOIA Case

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  • Obama Appointed Judge Rules On Obama Social Security Number FOIA Case

    Obama Appointed Judge Rules On Obama Social Security Number FOIA Case

    Birther Report

    5/15/2014

    Excerpt:

    IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

    ORLY TAITZ,
    Plaintiff,

    v.

    CAROLYN COLVIN, Commissioner,
    Social Security Administration,
    Defendant.

    MEMORANDUM OPINION


    In this case, I must determine whether the Social Security Administration (“SSA”) complied with the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, when it responded to a FOIA request submitted by Dr. Orly Taitz, plaintiff. In her FOIA request, plaintiff asked for the Social Security application (“SS-5”) filed by an individual named Harry Bounel, who allegedly was born in 1890. Plaintiff submitted the FOIA request to confirm her belief that President Barack Obama is fraudulently using Mr. Bounel’s Social Security number (“SSN”) as his own. See Second Amended Complaint (“SAC,” ECF 20) at 8–16. SSA responded to plaintiff’s request by notifying her that it was unable to locate any records for Mr. Bounel. Plaintiff has filed suit against the Commissioner of the SSA, Carolyn Colvin, alleging that SSA is “defrauding this honorable court in claiming that [it has] no records for Harry Bounel.” SAC at 3. She seeks, inter alia, an order requiring SSA to release Mr. Bounel’s SS-5.

    Presently before the Court is defendant’s “Motion to Dismiss the Second Amended Complaint or, in the Alternative, for Summary Judgment” (“Motion,” ECF 28), which was accompanied by a Memorandum of Law (“Memo,” ECF 28-1), and exhibits. Plaintiff filed a Response in Opposition and Cross-Motion for Summary Judgment (collectively, “Opp.” or “Opposition,” ECF 31), also with exhibits. Defendant filed a Reply in support of her Motion and an opposition to plaintiff’s cross-motion (“Def. Reply,” ECF 32), with exhibits, and plaintiff filed a Reply in support of her cross-motion (“Pl. Reply,” ECF 35), also with exhibits. No hearing is necessary is resolve the motions. See Local Rule 105.6. For the reasons that follow, I will grant summary judgment to defendant.

    [...]

    I will deny plaintiff’s request as moot. As discussed, SSA does not claim to be withholding any documents responsive to plaintiff’s request pertaining to Mr. Bounel. Rather, it maintains that it has not located any responsive documents. Accordingly, there is no information for SSA to include in a Vaughn index.

    CONCLUSION

    For the foregoing reasons, I will grant defendant’s motion for summary judgment and deny plaintiff’s cross-motion. I will also deny plaintiff’s various other requests for relief. An Order implementing this ruling follows.

    Ellen L. Hollander
    United States District Judge

    [...] RULING CONTINUED ... HERE: http://www.scribd.com/doc/224411309

    Dr. Orly Taitz's response: Press release: Judge Hollander issues an opinion on only a part of the FOIA request, which necessitates more FOIA filings

    Press release

    Attorney Orly Taitz received a response from Judge Hollander in MD. It is limited to only a FOIA request of April 26, 2013, but not to the FOIA request of August 8, 2013, which Judge Hollander did not consider at all.

    First, she denied a motion to dismiss by the Department of Justice, stating that there is indeed a controversy, which goes beyond a motion to dismiss

    She granted however a motion for a Summary judgment in relation to a FOIA request from April 26, 2013

    She did not address a FOIA request from August 8, 2013 and I will need to resubmit it, as it was something similar to cross in the mail, as she was reviewing April 26 FOIA request.

    ........................................

    View the complete article at:

    http://www.birtherreport.com/2014/05...-on-obama.html
    B. Steadman
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