Brown v. New York City Board of Elections et al
Everly D. Brown |
New York City Board of Elections, Richard Brown, Jose Miguel Araujo, New York State Attorney General, Juan Carlos Polanco and Steven H. Richman |
1:2013cv02729 |
May 3, 2013 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Marilyn D. Go |
Jack B. Weinstein |
Civil Rights: Voting |
42 U.S.C. ยง 1983 Civil Rights Act |
None |
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Filing 21 MEMORANDUM, ORDER, & JUDGMENT: Excluded for a place on the ballot in 2011, plaintiff, prose, alleges that the requirements to run for District Attorney in Queens County violate both the New York State Constitution and the U.S. Constitution. He see ks declaratory judgment and damages. Defendants move to dismiss on the merits and for failure to prosecute. On two occasions on which this motion to dismiss on the merits was to be heard, plaintiff failed to appear. The case is not mooted because th e issue may arise again and again. See Storer v. Brown, 415 U.S. 724, 737 (1974) (finding that challenges to election laws may avoid mootness because they are "capable of repetition, yet evading review"). The case is dismissed. No costs or disbursements are awarded. Ordered by Judge Jack B. Weinstein, on 12/2/2013. (Barrett, C) |
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