McMillan v. New York State Board of Elections
| Jimmy McMillan and Jimmy |
| New York State Board of Elections |
| 1:2018cv05196 |
| September 14, 2018 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Ann M Donnelly |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Filing 20 CLERK'S JUDGMENT the complaint is dismissed without prejudice; and that pursuant to 28 U.S.C. 1915(a)(3), any in forma pauperis appeal from this order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Copy mailed with Appeals package to Plaintiff) Signed by Jalitza Poveda Deputy Clerk on behalf of Douglas C. Palmer Clerk of Court on 11/9/2018. (Ramesar, Thameera) |
Filing 19
MEMORANDUM AND ORDER. The complaint is dismissed without prejudice. Because the plaintiff has amended his complaint once, if he wishes to amend his complaint again, he must move the Court for leave to amend or obtain consent from the defendant, pursuant to Fed. R. Civ. P. 15. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any in forma pauperis appeal from this order would not be taken in good faith. Ordered by Judge Ann M. Donnelly on 10/31/2018. (Greene, Donna)
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| Filing 18 CERTIFICATE OF SERVICE by New York State Board of Elections re #16 Second MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, #17 Memorandum in Support, (Cartagena, Nicholas) |
| Filing 17 MEMORANDUM in Support re #16 Second MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by New York State Board of Elections. (Attachments: #1 Exhibit A, #2 Exhibit B) (Cartagena, Nicholas) |
| Filing 16 Second MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by New York State Board of Elections. (Cartagena, Nicholas) |
| Filing 15 AMENDED COMPLAINT against New York State Board of Elections, filed by Jimmy McMillan. (Attachments: #1 Certificate of Service) (Ramesar, Thameera) |
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Filing 14
MEMORANDUM AND ORDER. The complaint is dismissed without prejudice for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Because pro se complaints are construed liberally, and in an abundance of caution, the plaintiff is granted 30 days leave to file an amended complaint. If the plaintiff does not file an amended complaint within the time allowed or cure thedeficiencies discussed herein, the Clerk of the Court is to enter judgment dismissing this action for the reasons set forth above. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any in forma pauperis appeal from this order would not be taken in good faith. Ordered by Judge Ann M. Donnelly on 10/19/2018. (Greene, Donna)
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| Filing 13 CERTIFICATE OF SERVICE by Jimmy McMillan (Ramesar, Thameera) |
| Filing 12 RESPONSE in Opposition re #7 First MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Jimmy McMillan. (Ramesar, Thameera) |
| Filing 10 CERTIFICATE OF SERVICE by New York State Board of Elections re #9 Affidavit in Support of Motion,, #8 Memorandum in Support, #7 First MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, #6 Notice of Appearance (Cartagena, Nicholas) |
| Filing 9 AFFIDAVIT/DECLARATION in Support re #7 First MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim and in Response to Plaintiff's Order to Show Cause filed by New York State Board of Elections. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit A4, #5 Exhibit A5, #6 Exhibit A6, #7 Exhibit A7, #8 Exhibit A8, #9 Exhibit A9, #10 Exhibit A10, #11 Exhibit B, #12 Exhibit C, #13 Exhibit D, #14 Exhibit E, #15 Exhibit F, #16 Exhibit G, #17 Exhibit H, #18 Exhibit I, #19 Exhibit J) (Cartagena, Nicholas) |
| Filing 8 MEMORANDUM in Support re #7 First MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim and in Response to Plaintiff's Order to Show Cause filed by New York State Board of Elections. (Cartagena, Nicholas) |
| Filing 7 First MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by New York State Board of Elections. (Cartagena, Nicholas) |
| Filing 6 NOTICE of Appearance by Nicholas Robert Cartagena on behalf of New York State Board of Elections (aty to be noticed) (Cartagena, Nicholas) |
| Filing 5 CERTIFICATE OF SERVICE EXECUTED as to the New York State Board of Elections, re: Judge Ann M. Donnelly's 9/17/2018 Order to Show Cause - served on 9/25/2018. (Latka-Mucha, Wieslawa) |
| Filing 11 Mail Returned as Undeliverable. Electronic Order dated 09/17/2018 ORDER TO SHOW CAUSE returned to Sender. Postal Notation: Attempted - Not Known. (Ramesar, Thameera) |
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ORDER TO SHOW CAUSE: The plaintiff, Jimmy McMillian, is granted leave to proceed in forma pauperis #2 . The New York State Board of Elections shall show cause before this Court by written return on or before October 1, 2018, as to why Jimmy McMillan's request for relief should not be granted. McMillan may file a written reply on or before October 12, 2018. Ordered by Judge Ann M. Donnelly on 9/17/2018. (Greene, Donna)
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| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 3 Unsigned Order to Show Cause by Jimmy McMillan (Davis, Kimberly) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jimmy McMillan. (Davis, Kimberly) |
| Filing 1 COMPLAINT against New York State Board of Elections, filed by Jimmy McMillan. (Attachments: #1 Civil Cover Sheet, #2 Affidavit) (Davis, Kimberly) |
| NOTICE Copy of Rule 73 and ECF Consent form has been handed to Plaintiff in person. (Davis, Kimberly) |
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