September 16, 2009
Updated birth certificate posts/videos/lawsuits
Note: This case was dismissed solely and primarily because the “Court is not authorized to interfere with deployment orders” and NOT because of “an examination of whether Plaintiff’s complaint fails to state a claim“.
It had nothing to do with standing.
Even had Capt Rhodes had standing and barry’s duly certified long form birth certificate in her hand, the Court was not authorized — as does not have the ability – to interfere with Capt Rhodes deployment, which is all she sought.
The case should have never been brought to hearing – let alone three.
Judge Land choose to proceed anyway – including delaying the case so he could “talk with” shame Capt Rhodes, who was unable to attend because the Army wouldn’t let her.
This is significant because he ruled that “The Defendants shall recover their costs from Plaintiff” who happens to be an Army physician.
Court expenses he and he alone caused to be amassed.
If you’re interested in the specifics and breakdown of his decision – go here.