on january 17, 2012, charles tisdale of virginia brought a civil action before the u.s. district court for the eastern district of virginia. in the suit, tisdale alleged that barack obama, mitt romney and ron paul each had a non-citizen parent, and therefore should be barred from the november 6, 2012, presidential ballot in virginia. an "amicus" brief was filed in support of the plaintiff by attorney mario apuzzo. district judge john a. gibney, jr., dismissed the suit with prejudice because the plaintiff "does not to state a claim upon which relief may be granted." judge gibney explained: "it is well settled that those born in the united states are considered natural born citizens." the dismissal was affirmed without comment by the u.s. court of appeals for the fourth circuit on june 5, 2012.