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Taitz: New lawsuit–new judge–old claims

California dentist and attorney Orly Taitz has filed a third lawsuit in federal court in Brownsville to stop what she says is the granting of bogus asylum and refugee status to undocumented immigrants and to stop the government from, as she alleges, helping people engaged in identify theft.

— EMMA PEREZ-TREVIÑO
— More at the Valley Morning Star

Classic Taitz stolen social-security number claims make an appearance in Taitz v. Koskinen et al., as Taitz not only sues the Department of Homeland Security, but returns to the Social Security Administration and throws in the IRS. Judge Hilda G. Tagle ordered a joint Discovery/Case Management Plan due by 7/31/2015.

Taitz, not satisfied at the assignment of judge, moved today to have the case transferred to Judge Andrew S. Hanen. She argues that this case is related to the previous two she has filed. Well, duh.

Read the complaint. The court called it a complaint, although it is titled a petition for stay/emergency injunction. It provides good coverage for the conspiracy theories Taitz believes. Some of her facts are wrong. Her document “experts” are not qualified. Much is complete speculation. The response will likely be a motion to dismiss because Taitz lacks standing (and lacks an emergency).

So I am not a lawyer, but I had this notion that “stay” meant the court would stop something from happening, and that emergency injunctions were actions to prevent some irreparable harm. What Taitz is asking for is not some interim action, but that she be given the relief she wants. Specifically, here is the emergency measures Taitz wants:

  1. Give Taitz a copy of a fraudulent tax return filed using her social-security number.
  2. Give Taitz copies of all fraudulent tax refund requests filed by people “believed to be illegal aliens.”
  3. Give Taitz paper copies of all social security applications of persons born over 120 years ago.
  4. Give the court a particular social security application that SSA has already told her in a prior lawsuit doesn’t exist.
  5. Same as 4, but released to the public.
  6. Order President Obama to explain his social-security number having a Connecticut geographic code
  7. Order President Obama to explain to the court why his Selective Service registration form has an incomplete postal cancellation stamp.

So what, exactly, is being stayed, and what is the emergency? Taitz has already filed and lost these lawsuits. (I’m not sure if she has sued over points 1 and 2.) And exactly how does a judge in Texas order Obama to explain something. Obama is not personally under Texas jurisdiction.

There is a second part of the “motion” relating to immigration issues. It’s the stuff Taitz already filed in Taitz v. Jeh Johnson. Why another lawsuit?

Update: Case dismissed: After failing to serve Defendants within the required 120 days, they filed for dismissal. Taitz also filed a request to withdraw the complaint and that the court grant the dismissal, without prejudice. The Court agreed and dismissed the case October 13, 2015.


Note: The third Brownsville lawsuit is Taitz v. Burwell, a FOIA suit against the Department of Health and Human Services Case 1:14-cv-00264.

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33 Responses to Taitz: New lawsuit–new judge–old claims

  1. avatar
    Punchmaster via Mobile March 26, 2015 at 3:09 pm #

    “Read the complaint.”
    I don’t wanna! Can I just go to bed without supper, instead?

  2. avatar
    Dr. Conspiracy March 26, 2015 at 3:25 pm #

    I’m not yo mama.

    Punchmaster via Mobile:
    “Read the complaint.”
    I don’t wanna! Can I just go to bed without supper,instead?

  3. avatar
    Paul March 26, 2015 at 3:50 pm #

    …and lacks a brain

  4. avatar
    Jane Whitman March 26, 2015 at 7:32 pm #

    Until now, Orly has tried ever so hard to avoid birfing in the Southern District of Texas. She just couldn’t do it. A birfers gotta birf.

    I hope they do indeed transfer this to Judge Hanen. He richly deserves it.

  5. avatar
    Notorial Dissent March 26, 2015 at 9:22 pm #

    I can’t imagine but that Judge Tagle wouldn’t be thrilled to be rid of it and her, adn I do think Hanen deserves it.

  6. avatar
    Jon Beck March 26, 2015 at 9:52 pm #

    Pure comedy gold. Taitz continues to lower the bar. Her caption has to be the worst I have ever seen. An illiterate pro per could do as well. What happened to Papa the Chito, her IT expert?

    Would be priceless to see Hanen’s reaction when he sees her latest pile.

  7. avatar
    RanTalbott March 26, 2015 at 9:59 pm #

    and lacks an emergency

    I’m sure there’s many a court clerk who would contend that she is an emergency.

  8. avatar
    Dr. Conspiracy March 27, 2015 at 8:29 am #

    IT’s vexatious litigant time.

  9. avatar
    Janny March 27, 2015 at 9:39 am #

    Can an attorney lose a case in one court and then move to another court (not an appeals court) to have it tried again (as in the SSA case)? And, doesn’t she have to get permission to file a case in a state where she isn’t a member of the bar? Or, in Orly World can she file willy nilly since she was given permission once before? This latest pathetic litigation shouldn’t go any further — but if Hanen gets it I’m sure it will.

  10. avatar
    Dr. Conspiracy March 27, 2015 at 10:08 am #

    The principle is called res judicata and it says that once there is a final judgment, the same issue cannot be raised again.

    http://en.wikipedia.org/wiki/Res_judicata

    To your second question, any person can bring a lawsuit in their own behalf, whether they are an attorney or not. In this instance, Taitz is representing herself.

    If Hanen gets it, he will immediately recognize that he is already hearing the second half of this case. He will also recognize that the first part is unrelated and shouldn’t be in the same suit. Taitz took 4 separate lawsuits and bound them together. It makes no sense for Taitz of California to sue the IRS in Texas, or SSA, or Barack Obama. In fact, I don’t think Taitz can sue Obama in his personal capacity in Texas; there is a jurisdictional problem.

    Janny:
    Can an attorney lose a case in one court and then move to another court (not an appeals court) to have it tried again (as in the SSA case)?And, doesn’t she have to get permission to file a case in a state where she isn’t a member of the bar?Or, in Orly World can she file willy nilly since she was given permission once before?This latest pathetic litigation shouldn’t go any further — but if Hanen gets it I’m sure it will.

  11. avatar
    Dr. Conspiracy March 27, 2015 at 10:18 am #

    I have updated this article with additional information at the end.

  12. avatar
    Rickey March 27, 2015 at 11:47 am #

    I’m trying to figure out how Orly could have been damaged by the so-called identity theft. As I understand it, someone filed a tax return using her Social Security Number and tried to claim a tax refund. The IRS caught it and notified Orly. So where is the injury?

  13. avatar
    U_R Jerko March 27, 2015 at 11:57 am #

    You certainly are a dung heap who is loaded with self aggrandizement using a corrupted “mind” which is more than likely caused by a damaged brain.

    YOU are the major threat to American principles and that is attributable to your self aggrandizement in all spheres of your social interactions.

    To put it BLUNTLY.. .YOU’RE A FUCKING WHACK JOB who continues to aid the Socialist Democrats “in” America… you stupid bastard. They are the real anti American commies who formed the Weatherman… like Bill Ayers, Bernadine Dhorn and more… you dumb fuck.

    RAPIST CLITORIS CLINTON, COMMIE HILLARY, MUSLIM BROTHER HOOD loyalist Huma Abedin, who was married to an IDIOT congressman named Weiner.

    Your kind will bring about a Chavez, Castro form of government and your shit thinking processes will bring about a DEMISE for America as occurred with Argentina.

    YOU ARE A REAL FUCKING SCREWBALL who is in need of PSYCHIATRIC TREATMENT… or maybe you may need a cure for your idiocy and that would probably be a lobotomy. YOU DUMB FUCK!

  14. avatar
    The Magic M (not logged in) March 27, 2015 at 12:09 pm #

    Rickey: I’m trying to figure out how Orly could have been damaged by the so-called identity theft.

    Let alone how she would prove an “illegal immigrant” was behind it. Speculation does not help her. She still thinks just making wild allegations entitles her to relief. (“My car was stolen, it musta been those Messicans!”)
    Either somebody else passed the bar exam for her or she has a mental condition that’s getting worse. No-one who studied the law thinks like that.

  15. avatar
    The Magic M (not logged in) March 27, 2015 at 12:10 pm #

    Dr. Conspiracy: IT’s vexatious litigant time.

    Any day now. I’m not holding my breath this time, either.

  16. avatar
    JoZeppy March 27, 2015 at 12:45 pm #

    And not only does the woman have no idea about the law…she still doesn’t know how to format a document….just how may fonts, font sizes, and random paragraph justifications are used in this little piece of ….?

    And whoever scanned the document needs to clean their scanner….that black line across the top third of the document is also mildly annoying.

    She already has her writing the screams, “I’m an incompetent nut bag” does she need to add to it by showing she still doesn’t know how to do the most simple of word processing tasks?

  17. avatar
    AGROD March 27, 2015 at 4:14 pm #

    Thousands of people had has their social security stolen for tax returns. That includes my best friend and brother in law. They worked with the IRS and got their money. They did not sue anyone. It was a major pain but again the IRS never told them who stole the ssn.

  18. avatar
    Dr. Conspiracy March 27, 2015 at 4:37 pm #

    I get many similar comments to yours, all lacking any specifics. This has led to me to conclude that such comments are the result of bias rather than fact.

    If, however, you think I have written something that isn’t true, please feel free to leave the specifics; but, if it is not related to the current article, please post on the open thread (see menu bar).

    U_R Jerko: You certainly are a dung heap who is loaded with self aggrandizement using a corrupted “mind” which is more than likely caused by a damaged brain.

  19. avatar
    Dr. Conspiracy March 27, 2015 at 4:42 pm #

    Maybe Orly thinks she was elected attorney general of California.

    Rickey: The IRS caught it and notified Orly. So where is the injury?

  20. avatar
    RanTalbott March 27, 2015 at 5:36 pm #

    Rickey: So where is the injury?

    An argument could be made that getting the info on the thief could help find out whether there was other impersonation, and prevent other damage.

    Question for the lawyers: does that lack of ability to verify whether you’ve suffered other harm constitute an “injury”?

  21. avatar
    Rickey March 27, 2015 at 7:53 pm #

    RanTalbott: An argument could be made that getting the info on the thief could help find out whether there was other impersonation, and prevent other damage.

    I believe that falls in the category of “speculative.”

    There are various methods, such as credit monitoring services, which can help to protect people from identity theft.

  22. avatar
    Dr. Conspiracy March 27, 2015 at 11:02 pm #

    I have added a link to the Taitz v. Burwell lawsuit to the end of the article.

  23. avatar
    John Reilly March 27, 2015 at 11:36 pm #

    I don’t see a link or mention of this new case on her web site. Am I missing something?

  24. avatar
    RanTalbott March 28, 2015 at 12:46 am #

    Dr. Conspiracy: I have added a link to the Taitz v. Burwell lawsuit to the end of the article.

    Does the Southern District of Texas allow cameras in the courtroom?

    I wanna see the exchange when Orly is asked about this person named “Optional Information”, whom she claimed died of rabies.

  25. avatar
    Dr. Conspiracy March 28, 2015 at 8:08 am #

    No, they do not.

    RanTalbott: Does the Southern District of Texas allow cameras in the courtroom?

  26. avatar
    The Magic M (not logged in) March 28, 2015 at 10:43 am #

    Dr. Conspiracy: Maybe Orly thinks she was elected attorney general of California.

    At least she thinks she’s still running as she tags each of her Twitter posts with “#VoteOrlyTaitz” and is using her “OrlyTaitzForCAAG” account for most of her tweets.

  27. avatar
    realist March 28, 2015 at 1:38 pm #

    John Reilly:
    I don’t see a link or mention of this new case on her web site.Am I missing something?

    No, you’re not. She’s chosen to try to hide this one. She did it on one other case. Can’t remember which at this time.

  28. avatar
    bob March 28, 2015 at 4:52 pm #

    realist: No, you’re not.She’s chosen to try to hide this one.She did it on one other case.Can’t remember which at this time.

    The Maryland FOIA case (against the SSA). She never announced its filing, but started to discuss the various rulings once it was discovered.

    That was one her Harrison J. Bounel cases; the SSA said either it had no documents (because there is no Bounel in the system) or she was not entitled to them (because there were Obama’s). The district court agreed the SSA acted properly and dismissed the case, and the 4th Circuit affirmed the dismissal.

  29. avatar
    Jane Whitman March 29, 2015 at 11:55 pm #

    bob wrote:

    “That was one her Harrison J. Bounel cases; the SSA said either it had no documents (because there is no Bounel in the system) or she was not entitled to them (because there were Obama’s). The district court agreed the SSA acted properly and dismissed the case, and the 4th Circuit affirmed the dismissal.”

    Uh, well sorta, but not exactly.

    IIRC, the district court did not dismiss Taitz’s case; it granted the gubmint’s motion for summary judgment. Ditto with the circuit court’s affirmation.

    So what’s the difference? Summary judgment is a ruling on the merits and (in real law as opposed to OrlyLaw) precludes re-litigation of the issue(s) decided.

    Nevertheless, Orly enjoys a great advantage over ordinary litigants: It is almost always hard to discern exactly what issues were decided against or for which parties because her pleadings are less coherent than a plate of spaghetti.

  30. avatar
    donna March 31, 2015 at 6:42 pm #

    question: no word/leaks regarding “Next hearing for Attorney Orly Taitz before Judge Hanen is March 31st, 1:30 CST”?

    TIA

    her request for a postponement was denied but she was allowed to appear by phone

    I requested a postponement of March 31 hearing in one of 2 cases that I have with Judge Hanen. I still have close to $3,000 debt for prior cases and cannot travel to TX until I get some donations for my foundation

    http://newscentral.exsees.com/item/75b3c53a2bb014fd3119be43c0feabfd-3c929b70f3038633fc6808b25a716bd4

    http://beforeitsnews.com/obama-birthplace-controversy/2015/03/next-hearing-for-attorney-orly-taitz-before-judge-hanen-is-march-31st-130-cst-2487708.html

  31. avatar
    gorefan March 31, 2015 at 7:08 pm #

    donna:
    question: no word/leaks regarding “Next hearing for Attorney Orly Taitz before Judge Hanen is March 31st, 1:30 CST”?

    TIA

    her request for a postponement was denied but she was allowed to appear by phone

    I requested a postponement of March 31 hearing in one of 2 cases that I have with Judge Hanen. I still have close to $3,000 debt for prior cases and cannot travel to TX until I get some donations for my foundation

    http://newscentral.exsees.com/item/75b3c53a2bb014fd3119be43c0feabfd-3c929b70f3038633fc6808b25a716bd4

    http://beforeitsnews.com/obama-birthplace-controversy/2015/03/next-hearing-for-attorney-orly-taitz-before-judge-hanen-is-march-31st-130-cst-2487708.html

    According to the Fogbow, he sent the case to the California courts.

    ORDER

    The Court had a telephonic conference in the above-cited action on March 31, 2015, in which the Court heard argument on the Defendant’s Motion to Dismiss Complaint as Moot or in the Alternative Motion for Summary Judgment [Doc. No. 4]. Defendant argues that venue for Plaintiff’s Freedom of Information Act lawsuit is improper in the Southern District of Texas.

    The Freedom of Information Act provides that an agency may be sued where “the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia.” 5 U.S.C. § 552(a)(4)(B). Here, Plaintiff resides in the Central District of California. The agency’s records are not situated in the Southern District of Texas, nor does this Court sit in the District of Columbia. Consequently, this case is hereby transferred to the district in which Plaintiff resides, the Central District of California.

    Signed this 31st day of March, 2015

    Andrew S. Hanen
    United States District Judge

    http://thefogbow.com/forum/topic/7532-taitz-v-burwell-sd-tex-immigration-foia-fail/page-15#entry634428

  32. avatar
    Dr. Conspiracy March 31, 2015 at 9:24 pm #

    Funny, I was thinking a couple of days ago, wondering why Taitz filed that FOIA suit in Texas, where she doesn’t live, nor where the agency is headquartered.

    That’s the difference between me and the judge. I think, on general principles, that something is just not right. The judge cites that statute or the precedent. What does that say about Taitz?

    gorefan: According to the Fogbow, he sent the case to the California courts.

  33. avatar
    bob April 1, 2015 at 2:36 pm #

    Dr. Conspiracy:
    Funny, I was thinking a couple of days ago, wondering why Taitz filed that FOIA suit in Texas, where she doesn’t live, nor where the agency is headquartered.

    Taitz was continuing her judge shopping. But the honeymoon is over.