EMRIT v. LAWSON

EMRIT v. LAWSON

Plaintiff:	RONALD SATISH EMRIT
Defendant:	CONNIE LAWSON
Case Number:	1:2017cv03624
Filed:	October 10, 2017
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Tim A. Baker
Presiding Judge:	Jane Magnus-Stinson
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	None

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Date Filed	Document Text
October 19, 2017	Filing 4 Entry Granting In Forma Pauperis Status, Dismissing Action, And Directing Entry of Final Judgment - The plaintiff's motion to proceed in forma pauperis, dkt. 2 , is granted. Notwithstanding this ruling, the plaintiff still owes the $350 .00 filing fee. Plaintiff Ronald Satish Emrit brings this action against Connie Lawson, the Secretary of State of Indiana, and the Democratic Party of Indiana. He alleges that his constitutional rights were denied when the defendants refused to pl ace him on the ballot for the primary and general presidential election in 2016. He alleges that the claim is not moot because he has decided to run again for President of the United States in 2020 as a Democratic candidate. He brings an equal pro tection and substantive due process claim under the Fifth and Fourteenth Amendments, and alleges that the defendants violated the Privileges and Immunities Clause inherent from Article IV, Section 2, Clause I, of the United States Constitution (Co mity Clause). He also alleges state law claims of negligence and breach of contract. The claim for damages against Connie Lawson in her official capacity as Secretary of State of Indiana is dismissed for failure to state a claim upon which relief can be granted. Mr. Emrit's constitutional claims are dismissed for failure to state a claim upon which relief can be granted. Mr. Emrit's Title VII claim is dismissed as patently frivolous. Mr. Emrit's claims of ADA violations are dismissed as patently frivolous. Mr. Emrit's negligence claim is dismissed for failure to state a claim upon which relief can be granted. Any breach of contract claim is dismissed as frivolous. Mr. Emrit's claims for injunctive relief a re dismissed for failure to state a claim upon which relief can be granted. While under most circumstances, the Court would allow a pro se plaintiff an opportunity to attempt to cure deficiencies in the complaint before dismissing the action, see Luavano v. Wal-Mart Stores, Inc., 722 F.3d 1014, 1022 (7th Cir. 2013), this case filed by this plaintiff is an exception to that rule. His 18 page complaint is thorough and nothing he could allege in support of his election ballot claims would change the outcome. Judgment consistent with this Entry shall now issue. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/19/2017. (APD)

Date Filed

Document Text

October 19, 2017

Filing 4 Entry Granting In Forma Pauperis Status, Dismissing Action, And Directing Entry of Final Judgment - The plaintiff's motion to proceed in forma pauperis, dkt. 2 , is granted. Notwithstanding this ruling, the plaintiff still owes the $350 .00 filing fee. Plaintiff Ronald Satish Emrit brings this action against Connie Lawson, the Secretary of State of Indiana, and the Democratic Party of Indiana. He alleges that his constitutional rights were denied when the defendants refused to pl ace him on the ballot for the primary and general presidential election in 2016. He alleges that the claim is not moot because he has decided to run again for President of the United States in 2020 as a Democratic candidate. He brings an equal pro tection and substantive due process claim under the Fifth and Fourteenth Amendments, and alleges that the defendants violated the Privileges and Immunities Clause inherent from Article IV, Section 2, Clause I, of the United States Constitution (Co mity Clause). He also alleges state law claims of negligence and breach of contract. The claim for damages against Connie Lawson in her official capacity as Secretary of State of Indiana is dismissed for failure to state a claim upon which relief can be granted. Mr. Emrit's constitutional claims are dismissed for failure to state a claim upon which relief can be granted. Mr. Emrit's Title VII claim is dismissed as patently frivolous. Mr. Emrit's claims of ADA violations are dismissed as patently frivolous. Mr. Emrit's negligence claim is dismissed for failure to state a claim upon which relief can be granted. Any breach of contract claim is dismissed as frivolous. Mr. Emrit's claims for injunctive relief a re dismissed for failure to state a claim upon which relief can be granted. While under most circumstances, the Court would allow a pro se plaintiff an opportunity to attempt to cure deficiencies in the complaint before dismissing the action, see Luavano v. Wal-Mart Stores, Inc., 722 F.3d 1014, 1022 (7th Cir. 2013), this case filed by this plaintiff is an exception to that rule. His 18 page complaint is thorough and nothing he could allege in support of his election ballot claims would change the outcome. Judgment consistent with this Entry shall now issue. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 10/19/2017. (APD)

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Plaintiff: RONALD SATISH EMRIT
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