Presidential Candidate Number P60005535 et al v. Republic of Cuba et al
| Presidential Candidate Number P60005535, Ronald Satish Emrit and Presidential Committee/Political Action Committee/Separate Segregated Fund (SSF) Number C00569897 doing business as United Emrits of America |
| The Republic of Cuba, Embassy of Cuba, Cuban Intelligence Service, Ministry of Foreign Affairs and Republic of Cuba |
| 3:2024cv00673 |
| April 9, 2024 |
| US District Court for the District of Connecticut |
| Robert M Spector |
| Omar A Williams |
| Civil Rights: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| None |
Docket Report
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Filing 9
ORDER denying as moot ECF No. #2 , Motion to Proceed In Forma Pauperis, and dismissing case. Under 28 U.S.C. 1915(e), courts are required to dismiss any action that is frivolous or that fails to state a claim upon which relief can be granted. After careful review of the complaint, the court concludes that this action must be dismissed. In the first instance, Plaintiff has brought it under a pseudonym without leave of court, and the named plaintiffs (a purported presidential candidate and associated presidential committee) have not signed the complaint. Fed. R. Civ. P. 17(a) ("An action must be prosecuted in the name of the real party in interest."); Fed. R. Civ. P. 11(a) ("Every pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented."). Moreover, though, the court cannot find that any of the facts alleged support any of the claims alleged, or that any of the claims alleged may be brought in this federal court. Plaintiff presents certain scattered facts about his attempts to marry a woman from Cuba several decades ago, and then alleges various tort and contractual claims against the Cuban government, apparently for preventing him from realizing his nuptial plans. He asks this court to award him $45 million and an injunction against the country of Cuba that obligates it to change its system of government. No matter how liberally the court construes this pleading, it contains too many deficiencies to discern any cognizable claim upon which this court can grant relief. And finally, Plaintiff has failed to show that subject matter jurisdiction exists. See Shenandoah v. Halbritter, 366 F.3d 89, 91 (2d Cir. 2004) ("A party seeking to invoke the subject matter jurisdiction of a Court has the burden of demonstrating that there is subject matter jurisdiction in the case."). Although Plaintiff addresses this question specifically, his discussion refers to the District of Delaware, and it appears that many of the named defendants have no connection to this district at all. Accordingly, the court must dismiss this action. The motion to proceed in forma pauperis, ECF No. #2 , is denied as moot. The Clerk of Court is asked, respectfully, to please close this case. Further, because the motion to proceed in forma pauperis and the complaint contain certain sensitive personal information (some of which pertains to non-parties), the Clerk of Court hereby is asked to please seal both filings until further order of the court. It is so ordered. Signed by Judge Omar A. Williams on 5/1/24. (Wagner, R)
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| Filing 8 Notice of Option to Consent to Magistrate Judge Jurisdiction. (Peterson, M) |
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Filing 7
Standing Order to Litigants Regarding Letters to the Court Signed by Judge Omar A. Williams on 04/09/2024. (Peterson, M)
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Filing 6
Standing Protective Order Signed by Judge Omar A. Williams on 04/09/2024. (Peterson, M)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Omar A. Williams on 04/09/2024. (Peterson, M)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 6/8/2024. Discovery due by 10/9/2024. Dispositive Motions due by 11/13/2024. Signed by Clerk on 04/09/2024. (Peterson, M)
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| Filing 3 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 4/9/2024.(Chartier, A.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Presidential Candidate Number P60005535. (Chartier, A.) |
| Filing 1 COMPLAINT against Cuban Intelligence Service, Embassy of Cuba, Ministry of Foreign Affairs, The Republic of Cuba, filed by Presidential Candidate Number P60005535. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(Chartier, A.) |
| Judge Omar A. Williams and Judge Robert M. Spector added. (Freberg, B) |
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