Oh, For Goodness Sake

Cook v. Simtech TRO DISMISSED! (again)

From today’s Docket, US Court District Court, Middle District of Florida, Tampa Division:

07/27/2009 – ORDER ATTACHED denying 4 Plaintiff’s Motion to Reinstate Original Verified Application for TRO and Preliminary Injunction and dismissing case without prejudice for lack of jurisdiction. Signed by Judge Richard A. Lazzara on 7/27/2009. (DMB) (Entered: 07/27/2009)

From the Order by Judge Lazzara, an interesting choice of words:

On July 22, 2009, Plaintiff, proceeding pro se, filed an application for temporary restraining order and preliminary injunction at docket one. The Court denied the application and dismissed the case in an order entered July 23, 2009, at docket three because Plaintiff’s application was not accompanied by a separate complaint. On July 24, 2009, Plaintiff, now proceeding with counsel, filed a motion to reinstate his original verified application for temporary restraining order and preliminary injunction at docket four, as well as a complaint for damages, declaratory judgment and injunctive relief at
docket five.

Plaintiff’s complaint, at its core, is but another attempt to embroil a United States District Court in an ongoing controversy of whether President Barack Obama is a nativeborn citizen of the United States of America and thus qualified to be President under the United States Constitution…

Plaintiff’s first attempt to involve a federal district court in this ongoing conspiracy theory that President Obama is unqualified to be President of the United States of America because he is not a native-born citizen was rebuffed just eleven days ago by United States District Judge Clay D. Land of the Middle District of Georgia based on lack of standing.

As Judge Land observed, because Plaintiff’s orders have been revoked, he cannot satisfy the legal elements of standing to pursue a claim in federal court under Article III of the Constitution. 2009 WL 2163535 *1; see also Cohen, 2008 WL 5191864 *1 (citing Berg, 574 F. Supp2d 509). The same result is appropriate in Plaintiff’s second attempt in this case to thrust a federal district court into this controversial maelstrom. Having come to that jurisdictional conclusion, the Court is precluded from reaching the merits of Plaintiff’s claims. Dimaio, 520 F.3d at 1303.1

ACCORDINGLY, it is ORDERED AND ADJUDGED:

1) Plaintiff’s Motion to Reinstate Original Verified Application for TRO and Preliminary Injunction (Dkt. 4) is denied.

2) This case is dismissed without prejudice for lack of jurisdiction and will remain closed.

DONE AND ORDERED at Tampa, Florida, on July 27, 2009.

Showing the Judiciary is no more inclined to be played for suckers by the Birfer movement than the Army was.

In case there is a wish to waste the time of the Appeals Court of the Circuit, the Order contained some words to the wise in a footnote:

1 The Court would observe, however, that Plaintiff’s complaint is the quintessential “shotgun” pleading that has been condemned on numerous occasions by the Eleventh Circuit Court of Appeals.