Porter et al v. Budd et al
| Eric J Porter |
| Kimberly S. Budd, Heidi Bieger and Thomas S Ambrosino |
| 1:2024cv13159 |
| December 20, 2024 |
| U.S. District Court for the District of Massachusetts |
| Richard G Stearns |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 Injunction |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 14, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 18 Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (JAM) |
| Filing 17 Judge Richard G. Stearns: ELECTRONIC ORDER entered re #14 Amended Complaint. The court denies the motion to amend. Although plaintiff adds references to, inter alia, the "Fifth and Fourteenth Amendments, Equal Protection Clause, republican form of government Article IV, Section 4 (Guarantee Clause), Supremacy Clause (U.S. Const. Art. VI, Cl. 2), and Full Faith & Credit Clause (28 U.S.C 1738)" in his proposed Amended Complaint, Am. Compl. [Dkt # 14] para. 7, he fails to allege any facts plausibly establishing a violation of these provisions (or a violation of any other provision of federal law). The controversy remains, at base, a challenge under the Massachusetts Constitution to the current recall system as practiced in the Massachusetts state courts. This court accordingly lacks jurisdiction.In the absence of jurisdiction, the court denies #15 Motion for TRO; #16 Motion for Summary Judgment. (RGS, law3) |
| Filing 16 MOTION for Summary Judgment by Eric J Porter. (JAM) |
| Filing 15 MOTION for Temporary Restraining Order and Preliminary Injunction by Eric J Porter. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (JAM) |
| Filing 14 AMENDED COMPLAINT against Thomas S Ambrosino, Heidi Bieger, Kimberly S. Budd filed by Eric J Porter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(JAM) |
| Filing 13 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #12 Motion for Extension of Time. On February 7, 2025, Plaintiff asked the court for one additional day to file a copy of his Amended Complaint. He must file the Amended Complaint for the court's review no later than tomorrow January 11, 2025. (mkz) |
| Filing 12 MOTION for One Day Extension to File Amended Complaint by Eric J Porter. (JAM) |
| Filing 11 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #10 Motion to accept late filing. The court will accept the late filing of a motion to amend the complaint -- however, the plaintiff failed to attach the proposed Amended Complaint. Because the plaintiff's initial Complaint was not within this court's jurisdiction, the court can proceed with the Amended Complaint only if jurisdiction is proper. The plaintiff must file his Amended Complaint no later than February 7, 2025 for the court's review. (mkz) |
| Filing 10 MOTION to Accept Late Filing and to Accept Amended Complaint by Eric J Porter. (Attachments: #1 Copy of Mail) (JAM) |
| Filing 9 Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (Martin, Jacqueline) |
| Filing 8 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #2 Motion for TRO. Pro se litigant Eric Porter instituted this litigation against Chief Judge Kimberley Budd of the Massachusetts Supreme Judicial Court, Justice Heidi Brieger, former Chief Justice of the Massachusetts Superior Court, and Thomas Ambrosino, Chief Administrator of the Massachusetts trial courts. Porter asserts that the Massachusetts courts use of recall judges violates its constitution specifying "Part II, ch.3 Article I as amended by Article XCVIII of the Amendments... which mandates retirement at seventy years old?" Compl. 7. Porter asserts the federal court's jurisdiction over the controversy "under 28 U.S.C. 2201 ('Creation of remedy'); Fed. R. Civ. P. 57 ('Declaratory Judgment'); 28 U.S.C. 1343(a)(3) ('Civil rights and elective franchise'); 28 U.S.C. 1332 ('Diversity of citizenship' [the court notes that Porter is a resident of Allston, Massachusetts]); and Steffel v. Thompson, 415 U.S. 452 (1973)." See Compl. 18.None of these cited sources grant the federal courts subject matter jurisdiction over the controversy Porter presents -- a challenge, under the Massachusetts Constitution, to the current recall system as practiced in the Massachusetts state courts. "State courts are the final arbiters of state laws and constitutions. State court's interpretation of federal law or the United States Constitution may be appealed to the U.S. Supreme Court" but that clearly is not the issue here. https://www.uscourts.gov/about-federal-courts/court-role-and-structure/comparing-federal-state-courts#:~:text=State% 20courts%20are%20the%20final,not%20to%20hear%20such% 20cases (last visited Dec. 23, 2024).For the reasons stated, the federal court is without jurisdiction to hear this matter. Therefore, the Emergency Motion for Temporary Restraining Order (Dkt # 2) is DENIED without prejudice. Similarly, the case is DISMISSED for lack of subject matter jurisdiction. The Clerk is directed to close the case. (mkz) |
| Filing 7 Filing fee: $ 405.00, receipt number 100010086 for #1 Complaint, (O'Connor, Lilian) |
| Filing 6 (3x) Copies of Summons, Complaint, Docket sheet, Local Rules 4.1 mailed to Eric J. Porter on 12/23/2024. (Cooke, Melonie) |
| Filing 5 Summons Issued as to Thomas S Ambrosino, Heidi Bieger, Kimberly S. Budd. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Cooke, Melonie) |
| Filing 4 MOTION for Summary Judgment by Eric J Porter.(Cooke, Melonie) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jessica D. Hedges. (Kinsella, Jaylannie) |
| Filing 2 Emergency MOTION for Temporary Restraining Order by Eric J Porter. (Attachments: #1 Proposed Order)(Cooke, Melonie) |
| Filing 1 COMPLAINT against Heidi Bieger, Kimberly S. Budd, Thomas S Ambrosino, filed by Eric J Porter. (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I)(Cooke, Melonie) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
