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Court Maintains Complaint if Friviolous and Lacks Standing

This is an interesting case being heard in the Kings County Supreme Court that involves the plaintiff, Christopher-Earl Strunk and a number of defendants. Among the defendants for the case are President Barack Obama, along with Vice President Joe Biden, and Senator John McCain. Additional defendants include the Speaker of the House John Boehner, Representative Nancy Pelosi, and Governor Andrew Cuomo, Comptroller Thomas Di Napoli, Attorney General Eric Schneiderman, and billionaires Penny Pritzker, Peter Petersen, and George Soros, as well as six political parties from the state of New York.

Complaint
The plaintiff, Strunk, offers a 45 page document that delivers a number of variations on “birther” cases. The central allegation being made by the plaintiff is that the defendants Senator John McCain and President Barack Obama are not citizens naturally born in the United States of America according to his interpretation of clause 5 of the United States Constitution. A New York Injury Lawyer said the plaintiff declares that the two are involved with the other defendants in a conspiracy to defraud the people of the United States on behalf of the Roman Catholic Church. He offers a lengthy diatribe against all of the defendants as well as the Roman Catholic Church, the Vatican, and the Jesuit Order or Society of Jesus.

There are seven causes of action brought forth by the plaintiff. These include the violation of state constitutional duty by the public officer defendants and the New York State Board of Elections, denying equal protection in regard to voting procedures, denial of due process for the expectation of the voter, and interfering with the right to a form government by defendant Schwarz and the Jesuit defendants.

The plaintiff is requesting a preliminary injunction and declaratory judgment against all of the defendants named in the case.

Defendant’s Case
The defendants and groups of defendants are represented by various forms of counsel. A Brooklyn Personal Injury Lawyer said they present eleven motions for dismissal of the case and one motion for admitting an attorney pro hace for this particular case. The motions for dismissal assert that the plaintiff lacks standing, has failed to submit a claim where relief is possible, the action is frivolous, and the court lack both subject matter and personal jurisdiction for this action.

Court Decision
The court is granting the eleven motions for dismissal in this case. The instant complaint filed by Strunk is discharged with prejudice as it is abundantly clear that the plaintiff has no standing in his claims and that he does not make a claim where relief is possible.

The court also finds that the instant action submitted by the plaintiff is frivolous. The claims made by the plaintiff about the defendants are fantastic, fanciful, irrational, and delusional. It is wasteful of our resources as a court to waste time in this type of case. A Bronx Personal Injury Lawyer said the court will hold a further hearing and give the plaintiff an chance to be heard in the matter regarding the matter of whether or not costs will be awarded and if any sanctions will be imposed upon the plaintiff for his frivolous acts. The defendants will be able to submit their detailed records of the costs sustained by their clients for this instant action case.

If you are in need of legal advice, contact the law offices of Stephen Bilkis & Associates. Our team of expert lawyers will discuss your case with you during a free consultation. We can help you determine what the best course of legal action is in your particular case, whether you have been involved in a car accident, construction accident or have been involved in bike accident. Our offices are located throughout the city of New York for your convenience.

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