Friday, August 26, 2011

Sibley vs. Obama and Holder -- The Clerk's Chicanery

On August 16, 2011, I filed with the Clerk my First Amended Complaint for Declaratory and Injunctive Relief. That Complaint sought to add Mayor Gray and the D.C. Department of Health as Defendants and sought from the Court a declaratory degree that these Defendants were violating my Fifth Amendment rights and the Supreme Court holding in Leary v. United States by requiring that I swear -- as part of the application -- that I would be violating federal law if I proceeded to grow medical marijuana pursuant to the D.C. Medical Marijuana Law.

To date, one week later, the Clerk has not filed that pleading as evidenced by the docket sheet dated August 23, 2011. Accordingly, I have filed a Petition for Mandamus with the U.S. Court of Appeals for the District of Columbia seeking an order directing the Clerk to file those pleadings.

Obviously, more to come.


Vicky Gallas said...


I just read through all of that, including the application, and I don't understand. It could be me, but aren't they saying... "It's legal but really it is illegal and you understand that you may be prosecuted and we are not responsible"?

Do they intend to prosecute everyone that actually receives a license?

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