Washington - U.S. Army Maj. Stefan Frederick Cook, set to deploy to Afghanistan, says he shouldn’t have to go.

Barack Obama was never eligible to be president because he wasn’t born in the United States.

Cook’s lawyer, Orly Taitz, who has also challenged the legitimacy of Obama’s presidency in other courts, filed a request last week in federal court seeking a temporary restraining order and status as a conscientious objector for his client.

In the 20-page document filed July 8 with the U.S. District Court for the Middle District of Georgia the California-based Taitz asks the court to consider granting his client’s request based upon Cook’s belief that Obama is not a natural-born citizen of the United States and is therefore ineligible to serve as commander-in-chief of the U.S. Armed Forces.

Cook further states he “would be acting in violation of international law by engaging in military actions outside the United States under this President’s command. ... simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties.”

Cook, a reservist, received the orders mobilizing him to active duty on June 9.

According to this document, which accompanies Cook’s July 8 application for a temporary restraining order, he has been ordered to report to MacDill Air Force Base in Tampa, Fla., on Wednesday. From there, the Florida resident would go to Fort Benning before deploying overseas.

Documents show Obama was born in Hawaii in 1961, two years after it became a state.

A hearing to discuss Cook’s requests will take place in federal court here Thursday at 9:30 a.m.