The Judge "closed" the Proceeding and the Clerk of Court will not file this Document IN THE SUPERIOR COURT FOR THE STATE OF ALASKA FIRST JUDICIAL DISTRICT AT JUNEAU ALASKA Gordon Warren Epperly P.O. Box 34358 Juneau, Alaska 99803 Tel: (907 789-5659 Gordon Warren Epperly, Petitioner, Case No. 1JU-12-694 CI. vs. Judge Philip Pallenberg Barack Hussein Obama II, Nancy Pelosi, N O T I C E Mead Treadwell, Gail Fenumiai, Petitioner s Petition For An Order In Nature Of Writ Of Mandamus Respondents. Re-Instated Into Alaska Superior Court ============================================================== To: Judge Philip Pallenberg COMES NOW the Petitioner, Gordon Warren Epperly does state that he was in receipt of an Order that was issued from the Chambers of a Judge of the United States District Court for the District of Alaska declaring that the proceeding which was transferred into the United States District Court from the Alaska Superior Court by U.S. Attorney, Karen L. Loeffler and her Assistant U.S. Attorney, E. Bryan Wilson was dismissed on August 27, 2012 by U.S. District Court Judge, Timothy M. Burgess, on grounds of Want of U.S. Constitution, Article III Subject Matter Jurisdiction and In Want of Propria Persona Jurisdiction. Page 1 of 5
The U.S. District Court Judge, Timothy M. Burgess, was very careful in the selection of words when he issued his Court Order. The Judge never used the word Case nor the word Petition is describing the proceeding that was being dismissed, but used the word matter which was recorded on the Docket of the Clerk of the Court as an Action that was dismissed With Prejudice leaving the Petitioner s Petition for an Order in the Nature of Writ of Mandamus intact and returned back into the Alaska Superior Court, First Judicial District at Juneau Alaska for further judicial proceedings. The Court Order of Judge Timothy M. Burgess is attached to this Document as Exhibit A. Comments For Judge Philip Pallenberg To Consider Looking at the Petitioner s Petition for an Order in the Nature of Writ of Mandamus we see that the Petitioner s Prayer for Relief made a request of the Alaska Superior Court to issue forth an Order for the Alaska Lt. Governor and the Director of Elections to adhere to the U.S. Constitution and verify the eligibility of Barack Hussein Obama II in a timely manner for the Office of President of the United States. Over the last three (3 years, the U.S. Court of Appeals for several Districts and Judges of State Courts have ruled that the determination of Office Qualifications for Presidential Candidates is with the States, not with the United States government. Looking at the July 20, 2012 Motion to Dismiss of Alaska s Assistant Attorney General, Ms. Bakalar we find at Footnote Thirteen that Respondent, Gail Fenumiai and Ms. Bakalar had plans to avoid performance of ministerial duties which are imposed upon the Director of Elections by Legislative Acts of law, such as A.S. 15.25.042(a, / 1 in which the language of the Law mandates that the Director shall determine the eligibility of [all] Candidates upon Complaints which may be filed which includes Complaints that are addressed to Candidates of Offices of the 1 / A.S. 15.25.042(a If the director receives a complaint regarding the eligibility of a Candidate for a particular office, the director shall determine eligibility under regulations adopted by the director. The director shall determine the eligibility of the candidate within 30 days of the receipt of the complaint. (Emphasis added Page 2 of 5
United States government. This Law of A.S. 15.25.042(a also mandates that the Director of Elections is required to adopt Regulations to implement the law. According to Alaska s Assistant Attorney General, Ms. Bakalar, the Alaska Director of Elections has discretionary duties to adopt Regulations and if the Director fails or refuses to adopt Regulations addressing Complaints brought against Candidates for Offices of the United States government, said failure to adopt Regulations is a self granting License to place the names of what may be undocumented Aliens that have no qualifications of Office onto the Election Ballots for the State of Alaska. But with the word shall appearing in A.S. 15.25.042(a, there is NO DISCRETIONARY AUTHORITY TO ADOPT REGULATIONS. The admitted mis-conduct of Alaska s Assistant Attorney General, Ms. Bakalar, and the Alaska Director of Elections to not execute the Election Laws of the State of Alaska is Warranted Authority for the Judge of this Superior Court for the State of Alaska to issue forth Court Orders in the Nature of Writ of Mandamus upon the Lt. Governor, Mead Treadwell and his Director of Elections, Gail Fenumiai, to execute the Laws of the State of Alaska and determine the qualifications of Presidential Candidates upon the filing of Administrative Complaints that is founded upon the preponderance of the evidence / 2 of the Administrative Record. The Administrative Complaint questioning the Office Qualifications of [perspective] Presidential Candidate, Barack Hussein Obama II was pre-filed by Gordon Warren Epperly with the effective filing date to be the day that the Director of Elections is in receipt of an OFFICIAL CERTIFICATION OF NOMINATION from the Democrat National Committee. The day that said Document of Nomination is received by the Director of Elections declaring Barack Hussein Obama II to be the Presidential Candidate for the Democrat National Political Party, is the day that the Clock begins to run and the Director of Elections has 2 / A.S. 15.25.042(b Except as provided in (c of this section, the director shall determine the eligibility of the candidate by a preponderance of the evidence. (Emphasis added Page 3 of 5
thirty (30 days / 3 from that effective filing date of Administrative Complaint to determine the qualifications of Office of Presidential Candidate, Barack Hussein Obama II. At the present time, Barack Hussein Obama II is only a Nominee for Presidential Candidate hopeful to represent the Democrat National Political Party in the year 2012 Presidential Elections. If for one reason or another, the Democrat National Political Party decides to choose another Nominee as their Presidential Candidate representative, then the Administrative Complaint that Gordon Warren Epperly has pre-filed with the Alaska Division of Elections becomes a moot issue for the Director of Elections to address. Barack Hussein Obama II was duly notified that an Administrative Complaint has been filed with the Alaska Division of Elections in and through his Attorneys that have made an appearance before this Alaska Superior Court and with the acceptance of the Certified Mailing of the Administrative Complaint with Exhibits to Barack Hussein Obama II at the White House in Washington, D.C.. At the present time, no Documents of Eligibility have been located within any Administrative Agency nor within an Judicial/Administrative Court of any State of the Union. No Documents of Eligibility have been locate within any Agency of the United States government. It was brought to my attention that the Director of Elections for the Alaska Division of Elections has no training in Law and is not a member of the Alaska BAR Association. There is also appearances that the Assistant Attorney Generals for the State of Alaska may be Prejudiced which may interfere with their judgment in interpreting the provisions of the United States Constitution as those provisions may apply to Presidential Candidates. I would have no objections if the Director of Elections employs 3 / see A.S. 15.25.042(a (supra. Page 4 of 5
an Administrative Law Judge under A.S. 44.64.030(b & (c / 4 to rule upon the preponderance of Evidence of an Administrative Record of the Alaska Division of Elections. To enforce any Order of this Court for the Lt. Governor and his Director of Elections for the Division of Elections to execute their ministerial duties to carry out all none discretional provisions of the Election Laws of the State of Alaska either by Regulations or by other lawful means available, the Petitioner restates his request for the Court to issue forth an Injunction preventing the Alaska Division of Elections from placing the name of Barack Hussein Obama II on the year 2012 Alaska General Election Ballots until such time that the Candidate s Official Certification of Nomination has been supported and documented with verified Documents of Eligibility. Dated this Thirty-First day of the month of August in the year of our Lord Jesus Christ, Two-Thousand and Twelve. Gordon Warren Epperly Petitioner 4 / A.S. 44.64.030 (b An agency may request the office to conduct an administrative hearing or other proceeding of that agency or to conduct several administrative hearings or other proceedings under statutes not listed in (a of this section. The office may provide the service after entering into a written agreement with the agency describing the services to be provided and providing for reimbursement by the agency to the office of the costs incurred by the office in providing the services. A.S. 44.64.030 (c To the extent otherwise permitted by law, the agency may delegate to the administrative law judge assigned to conduct the hearing on behalf of the agency the authority to make a final agency decision in the matter. The final decision may be appealed to the superior court by any party. Page 5 of 5
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA Gordon Warren Epperly P.O. Box 34358 Juneau, Alaska 99803 Tel: (907 789-5659 Gordon Warren Epperly, Petitioner, Case No. 1JU-12-694 CI. vs. Judge Philip Pallenberg Barack Hussein Obama II, Nancy Pelosi, Mead Treadwell, Gail Fenumiai, Certificate of Mailing Respondents. ============================================================== Certificate of Mailing COMES NOW Petitioner, Gordon Warren Epperly, hereby certifies under penalties of perjury that true and correct copies of Petitioner s Notice Petitioners Petition For An Order In Nature Of Writ Of Mandamus Re-Instated Into Alaska Superior Court with attached Exhibit has been mailed to: Certificate of Mailing - Page 1 of 2
Judge Timothy M. Burgess U.S. District Court 222 W. 7th Avenue, #4 Anchorage, AK 99513 Tom Daniel Perkins Cole, LLP 1023 W. 3 rd Avenue Anchorage, Alaska 99501 Elizabeth M. Bakalar Department of Law State of Alaska P.O. Box 110300 Juneau, Alaska 99811-0300 E. Bryan Wilson Assistant U.S. Attorney Federal Building & U.S. Courthouse 222 West 7 th Avenue, #9, Room 253 Anchorage, Alaska 99513-7567 by depositing said Petitioner s Notice Petitioners Petition For An Order In Nature Of Writ Of Mandamus Re-Instated Into Alaska Superior Court with attached Exhibit with the U.S. Postal Service, Mendenhall Station, at Juneau, Alaska. Dated this Thirty-First day of the month of August of the year of our Lord Jesus Christ, Two-Thousand and Twelve. Gordon Warren Epperly - Affiant Certificate of Mailing - Page 2 of 2
Exhibit "A" Page 1
Exhibit "A" Page 2