African Press International (API)

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Obama’s citizenship questioned: Lawsuit in Hawaii Filed Requesting Birth Certificate!

Posted by African Press International on October 19, 2008

[THIS IS THE 4TH LAWSUIT:
ONE IN PHILADELPHIA,
ANOTHER IN WASHINGTON STATE,
ANOTHER IN UTAH,
AND NOW THIS ONE IN HAWAII]

Message: 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 Hawaii

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 Hawaii,

DR. CHIYOME ******* 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 ****** are Governor and Director of the Department of Health, respectively.

This Complaint for Declaratory Relief and these proceedings are instituted pursuant to 632-1, Hawaii 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 Senators 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 Senators 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 Hawaii 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 Obamas 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, Hawaii, 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 Hawaii

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 Hawaii,

DR. CHIYOME ******* 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 Hawaii 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, Hawaii, October 17, 2008

Respectfully submitted,

ANDY MARTIN

Plaintiff Pro se

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