PLAINTIFF FILES MOTION FOR SUMMARY JUDGMENT
*** By Pixel Patriot ***
The Plaintiff, William Spencer Connerat III filed a Motion for Summary Judgment on August 29th, 2011 against Barack Hussein Obama II in the U.S. District Court, Middle District of Florida, in Tampa, FL.
|Sam M. Gibbons U.S. Courthouse - 801 North Florida Ave. Tampa, FL|
The case Civil Action No. 8:11-CV-1359-T-23TGW is now on the docket:
Previously, the Plaintiff representing himself Pro Se filed a Writ of Mandamus on June 20th, 2011 submitting to the court proof of “ineligibility of Respondent, Barack Hussein Obama, II, to serve as President of the United States of America; based upon such Official Record, also known as TACIT ADMISSION OF INELIGIBILITY, CONFESSION IN OPEN COURT” as per Federal Rules of Civil Procedure, Rule 44(a):
Further, in the Writ of Mandamus; the Petitioner in its “Prayer for Relief of the Court” requested the Court require the Respondent to disprove the Official Record and to pay $215 for the procurement of the documentary evidence. Mr. Connerat says he doesn’t believe the Official Record can be disproved, however;
“hypothetically, any attempt to disprove it would represent perjury.”
As the Petitioner, he brings forth this civil action as a Natural Born Citizen and Florida Elector who has sworn an Oath under the Florida Constitution to ‘protect and defend’ the Constitution OF THE UNITED STATES, as well as the Constitution of Florida. The initial cause of action dates back to November 11th, 2008 when Mr. Connerat sent a certified letter with return receipt to Obama demanding proof of his status as a Natural Born Citizen. Obama never responded to the letter although Mr. Connerat did receive the receipt stamped in red on February 9th, 2009 indicating it was received by “the White House”. Having sent the letter to Sen. Obama on Armistice Day, Connerat calls it his “Armistice letter.”
Barack Hussein Obama II is NOT a natural born Citizen of the United States by virtue of his recognized allegiance to a sovereign foreign nation inherited from his father who was a British subject. Therefore, according to Article II, Section I, Clause V of the United States Constitution as defined in the United States Supreme Court case of Minor vs. Happersett 88 U.S. 162 (1875) which set binding precedent, Barack Obama II has usurped the Office of the President of the United States as an ineligible candidate. Subsequently all Laws and Executive Orders he signs are null and void.
Mr. Connerat having received no response prior to the counting of the Electoral votes in the Electoral College personally served the Secretary of State of Florida. On the morning of December 15th, 2008, the Secretary of State Kurt S. Browning was served in Tallahassee with a petition for extraordinary emergency writ of mandamus and stay of the 2008 Presidential Election to be conducted in Florida Senate Chambers at 2 p.m. that same day. The Florida Supreme Court dismissed his petition on Friday December 19th having so ruled:
“Petitioner’s petition for a writ of mandamus is hereby dismissed without prejudice because the petition does not set forth a clear legal right. Petitioner’s motion for immediate hearing is denied as moot.”
In the course of due diligence Mr. Connerat sent a second letter to Obama on February 26th once again seeking proof of Natural Born Citizenship status, yet this time as a Letter of Redress.
"My grievance was that I had still not received a response to my first request for proof of natural born status. On this occasion, since Mr. Obama had, for all intents and purposes, already assumed the Office of President, I employed my right to redress under the First Amendment of the Constitution," which prohibits Congress from making any law abridging the right of the people to petition the government for a redress of grievances.”
This letter was received by Obama on March 25th, 2009. The deadline for Obama to address this second letter was April 12th, 2009 and again; no response.
“I was here, in Pinellas county, when the bell tolled twelve, as time marched through midnight, and as April 11, 2009 (the fair and just Deadline set for a proper response to such Letter of Redress) vanished into April 12, 2009 (Easter Sunday).”
According to Black's Law Dictionary, “a tacit (or implied) admission is "an admission reasonably inferable from a party's action or statement, or a party's failure to act or speak." It means that a jury can reasonably take a defendant's failure to deny a direct accusation to be an admission in itself.”
The phrase “qui tacet consentire videtur” or "the silence of a party implies his consent” is an ancient Latin maxim from which flows a widely applied legal principle: the rule of tacit admission. This ubiquitous rationale recognizes that an innocent man would loudly deny a serious charge and likewise a suspect silent in the face of an accusation has tacitly admitted the crime.
With two letters now having gone unanswered by Obama, Mr. Connerat filed a Statement of Claim on July 1st, 2009 at the Pinellas County Courthouse in the Small Claims Division with the cause of action being "Tortious Negligence."
“This case concerns only reparations for the Principal Sum of $4.90, which I spent as a result of fulfilling a Patriotic duty to mail a Second Request. The fact that Defendant is not Commander in Chief is pertinent to this Small Claim, because in order to properly file it, I must sign, under penalty of perjury, attesting to the fact that Defendant is not in the military service of the United States. As a result of his tacit Admission of ineligibility, Mr. Obama, who certainly portrays himself to be President, has verily Declared, to one and to all, that he is not only ineligible to such esteemed Office, but also that he is a charlatan, and a usurper of the kind most vile, injuring not with the Sword, but with the slogan and smile. He has instilled false hope in the hearts and minds of men. Being not President, he has no immunity from this civil lawsuit, and he must respond to any subpoena, summons, or writ issued by this Court.”Pinellas County Civil_Small Claims Connerat 1
Mr. Connerat refiled on March 18th, 2010 and claims that Obama’s failure to respond and confirm his Natural Born Citizenship status is not only an “admission of ineligibility” but can also constitute “the basis for an act of treason.”
The Official Record for The Tacit Admission of Ineligibility was also filed Amicus Curiae as a legal instrument by the Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli II in the case of Cuccinelli v. Sebelius. This was the first lawsuit filed against the Department of Health and Human Services regarding The Patient Protection and Affordable Care Act (PPAC), better known as Obamacare. As an appellee, the case went all the way to the U.S. Supreme Court where its petition was denied on April 25th, 2011.
After filing the Petition for Writ of Mandamus on June 20th, 2011 in the U.S. District Court, Middle District of Florida; summonses were served against Barack Hussein Obama II.
According to Connerat:
"The summonses were officially served to the White House mail room and uniformed Secret Service on June 27th, 2011. The Servicer was Legal Support Services Inc. of Washington D.C. and has previously served past presidents."
On July 5th, 2011 when Mr. Connerat received the affidavit of service in the mail, he immediately went down to the court to file it; and it has subsequently been added to the case.
Pinellas County Civil_Small Claims Connerat 2
“The Court says respondent has been summoned and the summonses have returned executed. Therefore, the Respondent accepted the Official Record by not responding to the Federal lawsuit filed June 20th, 2011.”
On August 29th, 2011 after waiting the required 60 day time period for a response from the defendant, William Spencer Connerat III filed a Motion for Summary Judgment against Barack Hussein Obama II in Civil Action No. 8:11-CV-1359-T-23TGW.
Connerat Obama Service Rendered
The Motion carries:
“Comes now Petitioner William Spencer Connerat III with his Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. More than sixty days have passed since Respondent was properly served the Petition for Writ of Mandamus, which was filed June 20th, 2011, in this honorable District Court. There is no dispute regarding the facts in this case, including the acceptance by both Petitioner and respondent of the potency, validity, and veracity of the Official record filed in this case, and proffered as documentary evidence of the Tacit Admission of Ineligibility by Putative President of the united States of America, Barack Hussein Obama II, filed in Pinellas County Courthouse on march 18th, 2010. Therefore, Petitioner moves for Summary Judgment awarding $215 in damages to be paid by Respondent to Petitioner. Furthermore, Petitioner moves for Summary Judgment to cause the Writ of Mandamus to issue, effectively enjoining the Respondent from posing as President of the United States of America. The undisputed Official Record is proof under Law, that Respondent is, by his own admission, ineligible to hold such Office. Petitioner, a natural born Citizen, and Florida elector, is entitled to such bifurcated relief in equity and in Law. He defends the Constitution for the United States of America, and in accordance with his duty to do so, under Florida law, as stated in the petition.
Two (2) copies of this Motion for Summary Judgment were mailed this date, August 29th, 2011, to Respondent via United States Postal Service, first-class postage-paid mail.
I hereby Certify that all statements made in connection with the Petition for Writ of Mandamus and with this Motion for Summary Judgment are true. If there is any deception or falsehood herein contained, I am subject to punishment.
William Spencer Connerat III, pro se”
Upon further review of the court’s local rules, an exception is cited for the filing of a Motion for Summary Judgment:
(g) Before filing any motion in a civil case, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, or to involuntarily dismiss an action, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion, and shall file with the motion a statement
(1) Certifying that the moving counsel has conferred with opposing counsel and
(2) Stating whether counsel agree on the resolution of the motion. A certification to the effect that opposing counsel was unavailable for a conference before filing a motion is insufficient to satisfy the parties’ obligation to confer.
“Regarding the rules, Summary Judgment is EXCEPTED, as you quoted. I have no requirement to talk to Respondent's lawyer. Plus, Courts are inclined go easier on litigants who are pro se.”
Is this an open and shut case? Defined as a case open to no doubts as to the legal principles to be applied and the necessary result. They say silence speaks louder than words and Obama has failed to respond with a defense in law or fact and therefore has waived any and all rights to present a defense on the merits at a later time. The plaintiff is seeking to persuade the court that Obama’s Tacit Admission of Ineligibility which now stands as an Official Record constitutes an undisputed material fact. Therefore, if the Judge will simply follow the law, the plaintiff’s Motion for Summary Judgment; which is governed by Rule 56 of the Federal Rules of Civil Procedure, should be granted. If that happens, this would be the tipping point where Obama’s house of cards will start to fall exponentially.