Carter’snot yet given a final Judgement
October30, 2009 by JohnCharlton
http://thepostnemail.wordpress.com
HASFAILED TO IMPLEMENT RULES 54 AND 58
Legal analysis by John Charlton
(Oct.30, 2009) — Dispite all his rancor and loony constitutional theories,Judge David O. Carter has failed to give final judgment in the caseBarnett vs. Obama, leaving the door open to further filings andproceedings.
Hisruling has not dismissed the case, but rather merely dismissedarguments presented so far. This is the interpretation had if youreadthe Federal Rules of Civil Procedure 54 and 58.
Rule54(b) reads asfollows:
(b) Judgment on Multiple Claims orInvolving Multiple Parties.
When an action presents more thanone claim for relief —whether as a claim, counterclaim, crossclaim, or third-party claim —or when multiple parties areinvolved,the court may direct entry of a final judgment as to one or more, butfewer than all, claims or parties only if the court expresslydetermines that there is no just reason for delay. Otherwise,any order or other decision, however designated, that adjudicates fewerthan all the claims or the rights and liabilities of fewer than all theparties does not end the action as toany of the claims or parties and may be revised at any time before theentry of a judgment adjudicating all the claims and all the parties’rights and liabilities.
Rule58 (a & b) readsas follows:
(a)Separate Document.
Everyjudgment and amended judgment must be set out in a separate document,but a separate document is not required for an order disposing of amotion:
(1)for judgment under Rule50(b);
(2)to amend or make additional findings under Rule52(b);
(3)for attorney’s fees under Rule54;
(4)for a new trial, or to alter or amend the judgment, underRule59; or
(5)for relief under Rule60.
(b)Entering Judgment.(1)Without the Court’s Direction.
Subject to Rule54(b) andunless the court orders otherwise, the clerk must, without awaiting thecourt’s direction, promptly prepare, sign, and enter the judgment when:
(A)the jury returns a general verdict;
(B)the court awards only costs or a sum certain; or
(C) the court denies all relief.
Fromthis it can be seen that since the clerk has not yet added a Judgmentrecord to the Docket, that Carter is indicating, despite his heavyhandedness to the Plaintiffs, that he might allow a second amendedcomplaint, which includes a request for relief for the politicalcandidates, whom he acknowledged had standing, so long as their requestfor relief was redressable: such as a monetary reward howsoeversmall.
JudgeCarter has from 10 to 30 days after his ruling on the Motion to Dismissto add such a judgment dismissing the case with prejudice to the docket,otherwise he is formally indicatingthat he expects Dr.Orly Taitz, lead counsel for the plaintiffs, and Attorney Gary Kreep,for his plaintiffs, to submit a request to file asecond amended complaint. Indeed, without such rulingadded to the docket, the Plaintiffs can initiate such a request action.
