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The lawsuit against Sen. Barack Obama’s presidential candidacy claiming he doesn’t meet U.S. residency requirements had a motion for a temporary restraining order denied Friday. Judge Surrick denied Berg’s emergency request, ecause Obama had not yet been served with the legal complaint and a summons.

Once the senator is served, Berg will be able to move the suit forward in court. The case is still “very alive and active,” according to an e-mail message from his office.
The lawyer plans to file another motion for a temporary restraining order once Obama has been served.

Berg said he was encouraged that Judge R. Barclay Surrick did not dismiss the lawsuit. The litigation also sought “expedited discovery.” “We’re still waiting to serve the senator,” Berg said in a telephone interview Wednesday.
Discovery would include examining the candidate’s birth certificate and adoption papers, among other documents, Berg said.

In the motion’s supporting memorandum, Berg charges that the DNC failed to verify Obama’s eligibility to run for president.
In order to be eligible, presidential candidates are required to be “natural born” citizens and may not hold dual or multiple citizenship from foreign countries, according the suit’s legal memorandum.
According to Obama’s birth certificate, which his campaign posted on its Internet site in June to quell rumors, the senator was born in Hawaii on Aug. 6, 1961.
The lawsuit, however, questions the Democratic candidate’s claim that he was born in a Honolulu hospital.
The candidate’s late father, Barack Obama Sr., was a native of Kenya, and Berg claims the 47-year-old presumptive presidential candidate’s Kenyan relatives say he was born in the African country.
Obama’s mother, Ann Dunham, grew up in Kansas, and his parents met at the University of Hawaii when Dunham was a student there, according to the Obama campaign.
Eventually, Obama’s father returned to Kenya, and his son grew up in Hawaii with his mother and for a few years in Indonesia after Dunham married an Indonesian man, Lolo Soetoro. As well, Obama lived with his maternal grandparents in Hawaii.
Dunham reportedly traveled to Kenya during her pregnancy, and she was prevented from boarding an airline flight from Kenya to Hawaii because of the late stage of her pregnancy, the lawsuit alleges. She reportedly gave birth to Obama in Kenya, then flew home to Hawaii and registered his birth there.
Under U.S. law at the time of the Illinois lawmaker’s birth, if he had been born abroad, and one parent was a U.S. citizen, his mother would have had to live 10 years in the U.S., five of which after she reached 14 (years of age), according to court papers.
However, Dunham was only 18 years old when she gave birth to her son, not 19, Berg says, and Obama therefore would not have met U.S. citizenship requirements.
Berg concludes that the Democratic candidate is a Kenyan citizen. And because he never renounced his Kenyan citizenship, he is ineligible to run for president.

“Six days later (after the suit was filed), there’s not been one word from the Obama campaign, which tells me I’m on the right track,” he said.

http://www.timesherald.com/site/news.cfm?newsid=20095084&BRD=1672&PAG=461&dept_id=33380&rfi=6