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Thomas A. Lamb 2806 Howe Place #1 Anchorage, Alaska 99517 E-mail: tlamb775@aol.com Telephone: 907-306-5855

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE ) ) ) ) ) ) ) Case No.: 3AN-12- 09961 CI ) ) ) ) ) ) )

THOMAS A. LAMB a Resident of the State

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of Alaska, acting as pro se,

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Plaintiff,
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vs.
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PRESIDENTIAL CANDIDATE BARACK

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OBAMA
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Defendants
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MOTION TO WITHDRAW WITHOUT PREJUDICE PLAINTIFFS MOTION FOR IMMEDIATE DISCLOUSURE OF RECORDS PERTAINING TO PRESIDENTIAL

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CANDIDATES BARACK OBAMA AND MITT ROMNEY

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Plaintiff Thomas A. Lamb, pro se, pursuant to Alaska Civil Rules 7 (b) and 77 moves this
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court to withdraw without prejudice, Plaintiffs Motion for Immediate Disclosure of Records Pertaining to Presidential Candidates Barack Obama and Mitt Romney. This motion is supported

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by Plaintiffs affidavit in support of said motion. Dated this 14th day of December, 2012 _______________________________ Thomas A. Lamb

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CERTIFICATE OF SERVICE The undersigned certifies that on this 14th day of December, 2012 I caused a copy of the foregoing to be served by certified First Class mail to the following parties known address: Barack Obama 1600 Pennsylvania Ave. N.W. Washington, D.C. 20500

________________________________ Thomas A. Lamb

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Thomas A. Lamb 2806 Howe Place #1 Anchorage, Alaska 99517 E-mail: tlamb775@aol.com Telephone: 907-306-5855

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE ) ) ) ) ) ) ) Case No.: 3AN-12- 09961 CI ) ) ) ) ) ) )

THOMAS A. LAMB a Resident of the State of Alaska, acting as pro se, Plaintiff, vs. PRESIDENTIAL CANDIDATE BARACK OBAMA, Defendants

AFFIDAVIT OF THOMAS A. LAMB IN SUPPORT OF MOTION TO WITHDRAW

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WITHOUT PREJUDICE PLAINTIFFS MOTION FOR IMMEDIATE DISCLOUSURE OF RECORDS PERTAINING TO PRESIDENTIAL CANDIDATES BARACK OBAMA

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AND MITT ROMNEY

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Thomas A. Lamb, pro se, duly sworn, deposes and states:

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1. 2.

I am the Plaintiff in the above captioned case. On October 11th, 2012, I mailed First Class certified mail a Motion For

Immediate Disclosure of Records Pertaining to Presidential Candidates Barack Obama and Mitt Romney, and a proposed Court order supporting my position.

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3.

On November 23rd, 2012, I mailed via certified restricted delivery to

Defendant Barack Obama a summons filed on September 25th , 2012 and an amended complaint docketed by this Court on November 26th, 2012. 4. I received the restricted delivery return receipt that was signed for by The

White House on December 4th, 2012 on December 11th, 2012. 5. On November 9th, 2012 I have per Hawaii Rev Stat 338-14.3 and 338-1

8(g)(4) requested verification of an amended birth certificate of Barack Obama. I included the $5.00 fee for the verification. The request and $5.00 fee were sent via Fed Ex to Director Ms. Fuddy and were received on November 13th, 2012. 6. A call was made to Hawaii Department of Health on November 13th, 2012

and a message was left informing them that I made a request for verification of an amended birth certificate of Barack Obama. 7. I received a call back on November13th, 2012 from June with the

Department of Health stating if I had any questions to please call back at 808-586-4541.
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8.

On December 2nd, I sent an email to the Hawaii Attorney General Mr.

Louie informing him that a request had been made to seek verification of an amended birth certificate of Barack Obama. 9. 10. The Hawaii Attorney General never responded. I called the Hawaii Department of Health on December 3rd, 2012 and

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asked to speak with June and she was not available. 11. I informed the person I was speaking with that I sent a request for

verification on a birth certificate and gave my name. The person then asked what was the date of birth of the person I was seeking the verification of.

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12.

I gave her the date of birth August 4th, 1961, after hearing her type in the

data, she then asked the name of the person who I wanted verification on. I said Barack Obama. 13. 14. She immediately stopped and said I needed to speak with Dr. Onaka. To this day, Ms. Fuddy has not responded to my request for verification.

Thomas A. Lamb

SUBSCRIBED AND SWORN TO before me this ____ day of ___________ 2012.

Notary Public in and for Alaska. My Commission Expires:

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IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE ) ) ) ) ) ) ) Case No.: 3AN-12- 09961 CI ) ) ) ) ) ) )

THOMAS A. LAMB a Resident of the State of Alaska, acting as pro se, Plaintiff, vs. PRESIDENTIAL CANDIDATE BARACK OBAMA, Defendants

ORDER IT IS SO ORDERED the Motion to Withdraw Without Prejudice the Plaintiffs Motion For Immediate Disclosure of Records Pertaining to Presidential Candidates Barack Obama and Mitt Romney is GRANTED.

Date

The Honorable Judge Frank A. Pfiffner

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IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE ) ) ) ) ) ) ) Case No.: 3AN-12- 09961 CI ) ) ) ) ) ) )

THOMAS A. LAMB a Resident of the State

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of Alaska, acting as pro se,

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Plaintiff,
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vs.
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PRESIDENTIAL CANDIDATE BARACK

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OBAMA,
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Defendants
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MEORANDUM IN SUPPORT OF MOTION TO WITHDRAW WITHOUT PREDUDICE

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PLAINTIFFS MOTION FOR IMMEDIATE DISCLOUSURE OF RECORDS PERTAINING TO PRESIDENTIAL CANDIDATES BARACK OBAMA AND MITT

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ROMNEY
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Thomas A. Lamb, Plaintiff moves this court to withdraw without prejudice, the Plaintiffs Motion for Immediate Disclosure of Records Pertaining to Presidential Candidates Barack

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Obama and Mitt Romney.

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The complaint filed by the Plaintiff on September 25th, 2012, was docketed on same day and an amended complaint 1 against Defendant Barack Obama has been docketed by this Court on November 26th, 2012. The Summons dated September 25th, 2012 and the complaint docketed by this Court on November 26th, 2012 was sent via certified restricted delivery to Barack Obama, 1600 Pennsylvania Ave, N.W. Washington D.C. 20500.

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The certified restricted delivery of the summons and complaint were received and signed
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for by The White House on December 4th, 2012. See http://www.scribd.com/doc/114001464/Amended-Complaint (last visited on December 13th, 2012)
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Defendant Mitt Romney is no longer listed as a Defendant in this case. Moreover, the Plaintiff has requested a verification of an amended birth certificate of Barack Obama and has paid the $5.00 fee required by Hawaii law. 2 The Plaintiff has notified the Hawaii Attorney General of the request for verification of an amended birth certificate. 3 It seems odd that Barack Obama would not have a copy of a birth certificate to release to the public, but nonetheless, a request was made by counsel to Barack Obama to Director Fuddy asking her to release a copy of the original birth certificate. Director Fuddy obliged by releasing a copy of the original birth certificate. 4 In court proceedings in other states, verification of Barack Obamas birth certificate have been approved by Director Fuddy. 5 While Director Fuddy is not a party to this case, a subpoena may be requested to order Director Fuddy to answer the pending request on verification of an amended birth certificate. The Full Faith and Credit Clause to the federal constitution is controlling the Plaintiffs amended complaint in that an order issued in the State of Alaska must be respected by the State of Hawaii. 6 The court in the State of Hawaii have ruled against a litigant 7 , the State of Alaska however, is not obliged to hold Hawaiis interpretation of public policy since it is in conflict set by the Alaska Supreme Courts interpretation on public policy. 8

See http://www.scribd.com/doc/112609779/Hawaii-Verification (last visited December 13th , 2012) 3 See http://www.scribd.com/doc/115258231/Hawaii-State-Attorney-General (last visited December 13th, 2012) 4 See http://hawaii.gov/health/vital-records/News_Release_Birth_Certificate_042711.pdf (last visited December, 13th, 2012) 5 See http://www.scribd.com/doc/96221269/HI-DOH-Official-Verification-of-President-Obamas-Hawaiian-Birth (last visited December 13th, 2012) 6 See Nevada v. Hall - 440 U.S. 410,422 (1979) 7 See http://www.scribd.com/doc/74843055/Wolf-v-Fuddy-MTD (last visited December 13th, 2012) 8 See Nevada v. Hall 440 U.S. 410 citing Pacific Employers Ins. Co. v. Industrial Accident Comm'n - 306 U.S. 493 (1939)
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CONCLUSION Accordingly this Court should grant the Plaintiffs motion to withdraw said motion without prejudice thus giving the Plaintiff the legal right to resubmit motions to compel the release of the requested documents. Dated this 14th day of December, 2012 ____________________ ____________________ Thomas A. Lamb

CERTIFICATE OF SERVICE The undersigned certifies that on this 14th day of December, 2012 I caused a copy of the foregoing to be served by certified First Class mail to the following parties known address:

Barack Obama 1600 Pennsylvania Ave. N.W. Washington, D.C. 20500

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Thomas A. Lamb
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