duties," (Objections, p. 19) plaintiff suggests for the first time that his claims against President Bush are against him in his individual capacity rather than in his official capacity as is alleged in plaintiff's Complaint. 1  Plaintiff cannot have it both ways.  If plaintiff is now arguing that the President's religious speech (or that of Rev. Graham) is a private act, then a fortiori there cannot be a First Amendment violation.  In addition, to the extent plaintiff seeks injunctive relief against the President in his individual capacity, he has failed to personally serve the President with the summons and complaint, as required by Federal Rule of Civil Procedure 4(i)(2)(B).
Third, defendant objects to plaintiff's attempt to seek leave to amend his complaint by raising the issue in his Objections to the Magistrate Judge's Findings and Recommendations.  Objections, p. 25.  If plaintiff is seeking leave to amend his complaint, he must notice and file his motion in accordance with Local Rule 78-230. 2
Finally, plaintiff's argument that allowing inaugural prayer is a dangerous practice putting the country at risk of "a regime such as the Taliban"3 is an offensive, inflammatory scare tactic having no place in a legal brief. //
1    Complaint, 1 4: "Defendant is an officer or employee of the United States acting in his official capacity or under color of legal authority."
2    Plaintiff did not serve the defendant with his proposed Amended Complaint, nor was a cpj^y attached to his Objections.
3    Plaintiff's Objections, p. 4.