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Judge Denies Motion For Default Judgement In Obama Social Security Number Case
Birther Report
2/19/2013
Excerpt:
Taitz v Democratic Party of Mississippi-Obama: Judge Wingate Order Denying Motion For Default Judgement; Obama Connecticut Social Security Number - 2/19/2013 -
EXCERPTS FROM ORDER:
Order
Before the court is a motion filed by plaintiff Attorney Orly Taitz (“Attorney Taitz”), asking this court to enter a default judgment against Michael Astrue, Commissioner of the Social Security Administration (“Astrue”), and to compel Astrue to produce the SS-5 Social Security application for the social security number used by President Barack Obama [docket no. 87]. For the reasons that follow, this court denies plaintiff Attorney Taitz’ motion for a default judgment. [...]
II. Service of Process and Personal Jurisdiction
Personal jurisdiction over a defendant is a prerequisite which must be satisfied before a court is warranted in issuing a default judgment against that party. See Aetna Business Credit, Inc. v. Universal Decor & Interior Design, Inc., 635 F.2d 434, 435-36 (5th Cir. Unit A Jan. 1981). In order for the court to obtain such jurisdiction, the defendant must have been properly served with process. Id.
To serve a federal officer in his or her official capacity, a plaintiff must comply with Fed.R.Civ.P. 4(i)(2).1 This rule requires that the plaintiff serve both the United States and the official being sued. Service of process, therefore, requires the plaintiff to serve a summons and a complaint on the defendant “officer or employee, the United States Attorney or Assistant United States attorney for the district in which the action is brought, and the Attorney General of the United States in Washington, D.C.” Hawkins v. Potter, 234 Fed.Appx. 188, 189 (5th Cir. 2007). [...]
This proof of service indicates, at most, that Attorney Taitz has attempted to serve the Attorney General of the United States in Washington, D.C. In addition to the Attorney General, however, Rule 4 requires Attorney Taitz to serve “the United States Attorney for the district where the action is brought” and “also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee.” Rule 4(i)(2). Attorney Taitz has provided no record evidence to show that she has attempted to serve the United States Attorney in the Southern District of Mississippi or Commissioner Astrue. [...]
Because Attorney Taitz has failed properly to serve process on defendant Commissioner Astrue as required by the Federal Rules of Civil Procedure, this court finds that it lacks personal jurisdiction to enter a default judgment. Accordingly, plaintiff Attorney Taitz’ motion for default judgment [docket no. 87] is denied. [...]
FULL ORDER BELOW OR HERE: http://www.scribd.com/doc/126305030
View the complete Birther Report presentation at:
http://obamareleaseyourrecords.blogs...r-default.html
Birther Report
2/19/2013
Excerpt:
Taitz v Democratic Party of Mississippi-Obama: Judge Wingate Order Denying Motion For Default Judgement; Obama Connecticut Social Security Number - 2/19/2013 -
EXCERPTS FROM ORDER:
Order
Before the court is a motion filed by plaintiff Attorney Orly Taitz (“Attorney Taitz”), asking this court to enter a default judgment against Michael Astrue, Commissioner of the Social Security Administration (“Astrue”), and to compel Astrue to produce the SS-5 Social Security application for the social security number used by President Barack Obama [docket no. 87]. For the reasons that follow, this court denies plaintiff Attorney Taitz’ motion for a default judgment. [...]
II. Service of Process and Personal Jurisdiction
Personal jurisdiction over a defendant is a prerequisite which must be satisfied before a court is warranted in issuing a default judgment against that party. See Aetna Business Credit, Inc. v. Universal Decor & Interior Design, Inc., 635 F.2d 434, 435-36 (5th Cir. Unit A Jan. 1981). In order for the court to obtain such jurisdiction, the defendant must have been properly served with process. Id.
To serve a federal officer in his or her official capacity, a plaintiff must comply with Fed.R.Civ.P. 4(i)(2).1 This rule requires that the plaintiff serve both the United States and the official being sued. Service of process, therefore, requires the plaintiff to serve a summons and a complaint on the defendant “officer or employee, the United States Attorney or Assistant United States attorney for the district in which the action is brought, and the Attorney General of the United States in Washington, D.C.” Hawkins v. Potter, 234 Fed.Appx. 188, 189 (5th Cir. 2007). [...]
This proof of service indicates, at most, that Attorney Taitz has attempted to serve the Attorney General of the United States in Washington, D.C. In addition to the Attorney General, however, Rule 4 requires Attorney Taitz to serve “the United States Attorney for the district where the action is brought” and “also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee.” Rule 4(i)(2). Attorney Taitz has provided no record evidence to show that she has attempted to serve the United States Attorney in the Southern District of Mississippi or Commissioner Astrue. [...]
Because Attorney Taitz has failed properly to serve process on defendant Commissioner Astrue as required by the Federal Rules of Civil Procedure, this court finds that it lacks personal jurisdiction to enter a default judgment. Accordingly, plaintiff Attorney Taitz’ motion for default judgment [docket no. 87] is denied. [...]
FULL ORDER BELOW OR HERE: http://www.scribd.com/doc/126305030
View the complete Birther Report presentation at:
http://obamareleaseyourrecords.blogs...r-default.html