Oh, For Goodness Sake

Allen v. Soetoro Interlocutory Appeal—DISMISSED

Not a good week for Birfistan.

This is a Freedom of Information (FOIA) claim, on its last legs, seeking travel- and immigration-related records on President Obama’s mother, Stanley Ann Soetoro, and her second husband Lolo Soetoro, as well as President Obama (“Barry Soetoro”). Claims regarding President Obama were dismissed on January 29, 2010. A Joint Status Report (draft) dated March 10, 2010 and showing the status of the remainder of the claims appears on Scribd.

The court now dismisses the interlocutory appeal, notice for which was filed on February 4, 2010, for lack of jurisdiction since there are still outstanding claims.

Allen v. Soetoro et al, Case No. 4:09-cv-00373-FRZ
United States District Court – District of Arizona
Frank R Zapata, presiding

03/10/2010 3 Order filed (MARY M. SCHROEDER, HARRY PREGERSON and EDWARD LEAVY) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. See 28 U.S.C. § 1291; Fed. R. Civ. P. 54(b); Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981) (order is not appealable unless it disposes of all claims as to all parties or judgment is entered in compliance with rule). Consequently, this appeal is dismissed for lack of jurisdiction. [7259618] (SC)

02/09/2010 29 ORDER,Parties required to file a joint report by 3/19/2010.. Signed by Judge Frank R Zapata on 2/8/2010. (JKM) (Entered: 02/09/2010)

02/04/2010 28 NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit as to 27[RECAP] Order on Motion to Dismiss Counts/Claims, Order on Motion for Miscellaneous Relief by Kenneth L. Allen. (CLJ) (Entered: 02/08/2010)

02/01/2010 27 ORDER granting 15 Motion to Dismiss Counts/Claims; denying 20 Motion for Vaughn index. John Does 1-49 are dismissed. Signed by Judge Frank R Zapata on 01/29/10.(LMF) (Entered: 02/01/2010)

re-15-MOTION-to-Dismiss-Counts-Claims-Partial-Motion-to-Dismiss-and-RESPONSE-in-Opposition-re-20-MOTION-for”>11/05/2009 23 REPLY in Support re 15 MOTION to Dismiss Counts/Claims – Partial Motion to Dismiss and RESPONSE in Opposition re 20 MOTION for Vaughn Index filed by Hillary Clinton, Eric Holder, Homeland Security, Department of, Janet Napolitano, Barry Soetoro, U.S. Citizenship and Immigration Services, United States Department of State. (Bowen, Brigham) (Entered: 11/05/2009)

10/06/2009 16 ORDER granting 11 Motion to file Amended complaint. Signed by Judge Frank R Zapata on 10/5/09.(KMF, ) (Entered: 10/06/2009)

10/06/2009 17 AMENDED COMPLAINT against Department of Homeland Security, US Department of State, et al., filed by Kenneth L. Allen.(KMF, ) (Entered: 10/06/2009)

10/05/2009 15 MOTION to Dismiss Counts/Claims – Partial Motion to Dismiss by Hillary Clinton, Eric Holder, Janet Napolitano, Barry Soetoro, U.S. Citizenship and Immigration Services. (Attachments: # 1 Exhibit Defs.’ Exhibits A-J)(Bowen, Brigham) (Entered: 10/05/2009)

10/05/2009 14 ANSWER to 1 Complaint by Hillary Clinton, Eric Holder, Janet Napolitano, Barry Soetoro, U.S. Citizenship and Immigration Services.(Bowen, Brigham) (Entered: 10/05/2009)

09/23/2009 11 MOTION to Amend/Correct re: Amended Complaint by Kenneth L. Allen. (Attachments: # 1 Exhibit Amended Complaint)(BAC, ) (Entered: 09/23/2009)

07/06/2009 1 COMPLAINT. Filing fee received: $ 350.00, receipt number TUC011758, filed by Kenneth L. Allen. (Attachments: # 1 Civil Cover Sheet, # 2 receipt)(GPA, ) (Entered: 07/06/2009)