Lewis v. New York State Board Of Elections
| Scott Phillip Lewis |
| New York State Board Of Elections |
| 8:2024cv01036 |
| August 21, 2024 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Glenn T Suddaby |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on November 6, 2024. A more recent docket listing may be available from PACER.
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Filing 30
OBJECTION to #28 Report and Recommendations by Scott Phillip Lewis. Filed via MFT on 10/17/2024. Response to Objections to R&R due by 10/31/2024. (mmg).
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Filing 29
TEXT ORDER RE #27 Letter Motion from Aimee Cowan for New York State Board Of Elections requesting defendant's responsive pleading deadline be held in abeyance pending the Second Circuit's decision of plaintiff's appeals: Defendants request to hold the responsive pleading line in abeyance is DENIED as premature. As plaintiff filed an application for leave to proceed in forma pauperis, triggering the initial review requirement, and that review is pending before this Court, dkt. no. 28, no answer deadline has been set by the Court. Authorized by Magistrate Judge Christian F. Hummel on 10/4/2024. (tab)
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Filing 28
Report-Recommendation And Order: It is ORDERED, that plaintiffs application for leave to proceed in forma pauperis (Dkt. No. #2 ) is GRANTED; and it is further RECOMMENDED, that plaintiff's claims against the New York State Board of Elections be DISMISSED WITHOUT PREJUDICE and WITH LEAVE TO AMEND; and it is RECOMMENDED, that this matter (8:24-CV-00849, Lewis I) be CONSOLIDATED with 8:24-CV-01036 (Lewis II), with the lead case being 8:24-CV-00849, and the member case being 8:24-CV-01036; and it is further RECOMMENDED, that, if consolidation is granted, this Report-Recommendation and Order be docketed and served in all cases, with future filings to be docketed in only the lead case; and it is RECOMMENDED, that, if the District Judge adopts this Report-Recommendation and Order, plaintiff be given thirty (30) days from the date of the Order adopting this Report-Recommendation and Order to file an amended complaint, and if plaintiff does not file an amended complaint within that time frame, the case be closed without further order by the Court; and it is ORDERED, that the Clerk serve a copy of this Report-Recommendation and Order in accordance with Local Rules. Signed by Magistrate Judge Christian F. Hummel on 9/30/2024. (Attachments: #1 Case Law Cited) (Copy served via regular mail)(mmg).
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Filing 27
Letter Motion from Aimee Cowan for New York State Board Of Elections requesting defendant's responsive pleading deadline be held in abeyance pending the Second Circuit's decision of plaintiff's appeals submitted to Judge Christian F. Hummel . (Cowan, Aimee)
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Filing 26
Pro Se MOTION for Permission to File Electronically in ECF filed by Scott Phillip Lewis. Filed via MFT. Motions referred to Christian F. Hummel. (mmg).
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Filing 25
REPLY to Response to Motion re #6 Motion for TRO filed by Scott Phillip Lewis. Filed via MFT. (Attachments: #1 Exhibit A)(mmg).
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CLERK'S CORRECTION OF DOCKET ENTRY re #21 USCA Notice: Clerk Erroneously filed the document as a USCA Order. Clerk has corrected the event to read that it is a USCA Notice from the second circuit. (mmg).
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Filing 24
ORDER of USCA as to #19 Notice of Interlocutory Appeal: IT IS HEREBY ORDERED that the motion for an injunction pending appeal is REFERRED to a three-judge motions panel. To the extent Appellant seeks an administrative injunction pending decision of the motion by a panel, that request is DENIED. Order Issued 9/11/2024. (mmg).
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Filing 23
TEXT ORDER denying Plaintiff's motion for reconsideration of the Court's Decision and Order of 09/10/2024 as unsupported by a showing of cause. Even when construed with the utmost of special leniency, Plaintiff's motion fails to satisfy any of the three grounds required for reconsideration: (1) an intervening change in controlling law, (2) new evidence, or (3) a demonstrated need to correct a clear error of law or to prevent manifest injustice. U.S. v. Sanchez, 35 F.3d 673, 677 (2d Cir. 1995). His motion for an expedited briefing schedule is denied as moot. SO ORDERED by U.S. District Judge Glenn T Suddaby on 9/11/2024. (Copy served upon plaintiff via regular mail) (sal)
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Filing 22
TEXT NOTICE advising the parties that, although Plaintiff filed a notice of appeal while his motion for reconsideration was pending, the Court retains jurisdiction over that motion for reconsideration. See Fed. R. Civ. P. 62.1(a)(2) (If a timely motion is made for relief that the court lacks authority to grant because of an appeal that has been docketed and is pending, the court may... deny the motion....); Fed. R. App. P. 4(a)(4)(B)(i) (If a party files a notice of appeal after the court announces or enters a judgmentbut before it disposes of any motion listed in Rule 4(a)(4)(A)the notice becomes effective to appeal a judgment or order... when the order disposing of the last such remaining motion is entered.); see, e.g., BFI Grp. Divino Corp. v. JSC Russian Aluminum, 298 F. App'x 87, 93 n.4 (2d Cir.2008) (In response to RUSAL's contention that the district court would have lacked jurisdiction to grant [the] Rule 60(b) motion [for reconsideration] while an appeal was pending in this Court, we note the district court did have jurisdiction to deny the motion.); Hodge ex rel. Skiff v. Hodge, 269 F.3d 155, 157 n.4 (2d Cir. 2001) (per curiam) (We pause to remind the clerks of the district courts that the filing of a notice of appeal does not divest the district court of jurisdiction to decide any of the postjudgment motions listed in Fed. R.App. P. 4(a)(4)(A), if timely filed.). Authorized by U.S. District Judge Glenn T. Suddaby on 9/1/2024. (Copy served upon plaintiff by regular mail) (sal )
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Filing 21
Notice from the Second Circuit Court of Appeals in regards to #19 Notice of Interlocutory Appeal filed by Scott Phillip Lewis. Document reads: NOTICE RE: PENDING MOTION TO PROCEED IN FORMA PAUPERIS. An appeal in the above-referenced case has been docketed in the Court of Appeals. According to the district court docket sheet or other available information, appellant has moved for leave to proceed in forma pauperis in district court on September 04, 2024 and that motion is pending. The appeal may not move forward until the motion is determined. Please direct the motion to the appropriate judge for determination. Upon the grant or denial of the motion, please enter the order and transmit it to the Court of Appeals. (mmg). Modified on 9/12/2024 to correct docket text. (mmg).
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Filing 20
ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #19 Notice of Interlocutory Appeal. Notice sent via regular mail to pro se Plaintiff. (mmg).
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Filing 19
NOTICE OF INTERLOCUTORY APPEAL as to #15 Order on Motion for TRO by Scott Phillip Lewis. Filed via MFT. (mmg).
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Filing 18
Letter Motion for Scott Phillip Lewis filed via MFT requesting an Emergency Briefing, submitted to Judge Glenn T. Suddaby. (mmg).
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Filing 17
MOTION for Reconsideration re #15 Decision and Order on Motion for TRO filed by Scott Phillip Lewis. Motion returnable before Judge Glenn T. Suddaby. Filed via MFT. Response to Motion due by 10/2/2024 (Attachments: #1 Exhibit A) (mmg).
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Filing 16
CERTIFICATE OF SERVICE by New York State Board Of Elections re #14 Response in Opposition to Motion (Cowan, Aimee)
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Filing 15
DECISION AND ORDER that Plaintiff's #6 motion for a preliminary injunction is DENIED. Signed by U.S. District Judge Glenn T Suddaby on 9/10/2024. (Copy served upon plaintiff via regular mail) (sal)
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Filing 14
RESPONSE in Opposition re #6 Motion for TRO filed by New York State Board Of Elections. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Declaration, #4 Exhibit(s) A, #5 Exhibit(s) B, #6 Exhibit(s) C)(Cowan, Aimee)
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TEXT Minute Entry for proceedings held before U.S. District Judge Glenn T Suddaby: Motion Hearing held on 9/10/2024 re #6 Motion for Preliminary Injunction filed by Scott Phillip Lewis. Oral argument is heard from the parties. Judge Suddaby reserves decision at this time. A written decision will be issued either today or tomorrow morning. APP: Scott Phillip Lewis, Pro Se Plaintiff. Aimee Cowan, AAG and Brian Quail for NYS Board of Elections. Time: 3:00 PM - 3:40 PM. (Court Reporter Eileen McDonough) (Copy served upon plaintiff by regular mail)(sal)
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Filing 13
TEXT ORDER denying #11 Defendant's letter-motion for an extension of the deadline for Defendant's letter-response to Plaintiff's motion for a preliminary injunction. The deadline remains 5:00 p.m. on Tuesday, September 10, 2024. Defendant is permitted to combine that letter-response with its letter-response in Action No. 24-CV-0849 (which is currently due Wednesday, September 11, 2024), if it would like that letter-response considered before the Court issues its decision, which is due by Wednesday, September 11, 2024. Finally, the parties are advised that an in-person hearing on Plaintiff's motion for a preliminary injunction is scheduled for 3:00 p.m. on Tuesday, September 10, 2024, before the undersigned on the eleventh floor of the courthouse in Syracuse, New York. SO ORDERED by U.S. District Judge Glenn T Suddaby on 9/9/2024. (Copy served upon plaintiff via regular mail) (Parties were notified by the Court regarding the hearing tomorrow and both have confirmed their availability) (sal)
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Filing 12
TEXT ORDER denying #10 Plaintiff's motion for reconsideration of the Court's Text Order of 09/04/2024 (Dkt. No. 8 ). Even when construed with the utmost of special leniency, Plaintiff's motion fails to satisfy any of the three grounds required for reconsideration: (1) an intervening change in controlling law, (2) new evidence, or (3) a demonstrated need to correct a clear error of law or to prevent manifest injustice. U.S. v. Sanchez, 35 F.3d 673, 677 (2d Cir. 1995). With regard to the Court's prior denial of Plaintiff's application for an Order to Show Cause, contrary to Plaintiff's argument, he has still not sufficiently explained why he did not previously give reasonable notice of his application to Defendant, as required by N.D.N.Y. L.R. 7.1(e); his acknowledgment that he has done so now only further shows his ability to have done so before. (Dkt. No. #10 , Attach. 1, at 4-5.) With regard to the Court's prior finding regarding the merits of Plaintiff's motion (i.e., that it is unsupported by a showing of either a likelihood of success on the merits or a sufficiently serious question as to the merits of the case to make it a fair ground for litigation and a balance of hardships tipping decidedly in its favor), the Court finds that he has not shown any clear error in the Court's prior finding. Even if neither Pullman abstention nor Younger abstention is applicable here, Plaintiff has not shown a likely error in the reasoning stated on pages "2" through "5" of the state court decision being challenged (Dkt. No. #1 , at 59-62). SO ORDERED by U.S. District Judge Glenn T Suddaby on 9/9/2024. (Copy served upon plaintiff via regular mail)(sal)
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Filing 11
Letter Motion from Aimee Cowan for New York State Board Of Elections requesting 1-day extension to oppose plaintiff's emergency motion for injunctive relief submitted to Judge Glenn T. Suddaby . (Cowan, Aimee)
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Filing 10
MOTION for Reconsideration re #6 MOTION for Temporary Restraining Order filed by Scott Phillip Lewis. Motion returnable before Judge Glenn T. Suddaby Response to Motion due by 9/30/2024 (Attachments: #1 Affidavit in Support, #2 Memorandum of Law, #3 Proposed Order). (mmg).
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Filing 9
CERTIFICATE OF SERVICE by Scott Phillip Lewis in re # 8 Text Order. Filed Via MFT. (mmg).
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Filing 8
TEXT ORDER denying #6 Plaintiff's application for an Order to Show Cause, denying #6 Plaintiff's motion for a Temporary Restraining Order, and reserving decision on #6 Plaintiff's motion for a preliminary injunction pending the completion of expedited briefing on that motion. Like the application for an Order to Show Cause in his other action (24-CV-0849), Plaintiff's application for an Order to Show Cause in this action (of which Defendant also has apparently not even been given notice) is still unsupported by the showing required by Local Rule 7.1(e) of the Local Rules of Practice for this Court, even though Plaintiff has attempted to explain why he waited until now to file his motion. (See generally Dkt. No. #6 .) Furthermore, based on the current record, Plaintiff's motion for a Temporary Restraining Order is again unsupported by a showing of either a likelihood of success on the merits or a sufficiently serious question as to the merits of the case to make it a fair ground for litigation and a balance of hardships tipping decidedly in its favor, as required by Fed. R. Civ. P. 65(b). (Id.) However, out of special leniency to Plaintiff as a pro se civil rights litigant, decision is reserved on his motion for a preliminary injunction, and briefing on that motion is expedited so that the motion may be decided (if possible) before the alleged deadline of September 11, 2024. Plaintiff is directed to immediately serve Defendant with a copy of his Complaint, motion papers and this Text Order, and file a certificate of service with this Court. Defendant's response papers which may come in the form of a letter-brief and declaration are due FOUR (4) DAYS after Defendant is served with the Complaint, motion papers and this Text Order. The Court will sua sponte schedule a deadline for a reply, and/or a hearing on Plaintiff's motion, should time and necessity exist. Authorized by U.S. District Judge Glenn T Suddaby on 9/4/2024. (Copy served upon plaintiff via regular mail) (sal)
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Filing 7
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Signed by U.S. District Judge Glenn T Suddaby on 9/4/2024. (Copy served via regular mail)(mmg).
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Filing 6
EMERGENCY MOTION for Temporary Restraining Order by Scott Phillip Lewis, filed via MFT. (Attachments: #1 Affidavit in Support of Motion, #2 Memorandum of Law, #3 Proposed Order). (mmg).
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Filing 5
MOTION for Leave to Proceed in forma pauperis filed by Scott Phillip Lewis. Filed via MFT. Motions referred to Christian F. Hummel. (mmg).
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement because this action was not properly commenced, the Clerk is directed to administratively close this action. If plaintiff desires to pursue this action, plaintiff must WITHIN THIRTY (30) DAYS of the filing date of this Order either (1) pay the full $405.00 filing fee for civil actions or (2) submit a completed and signed IFP Application. Upon plaintiff's compliance herewith, the Clerk shall reopen this action and forward it to the Court for review. in accordance with the Rule 10.1(c)(2) of the Court's Local Rules, plaintiff shall promptly notify the Clerk's Office and all parties or their counsel, in writing, of any change in Plaintiff's address. Plaintiff's failure to do so may result in the dismissal of this action. The Clerk is directed to serve a copy of this Order on plaintiff, along with a blank IFP Application. Signed by U.S. District Judge Glenn T Suddaby on 8/23/2024. (Copy served upon plaintiff along w/ blank IFP application via regular mail) (sal)
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Filing 3
TEXT ORDER granting [] Direct Assignment to District Judge Glenn T. Suddaby and Magistrate Judge Christina F. Hummel. This case is deemed related to Lewis v. New York Board of Elections, 8:24-cv-00849 (GTS/CFH). SO ORDERED by U.S. District Judge Glenn T Suddaby on 8/23/2024. (Copy served upon plaintiff via regular mail) (sal)
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TEXT Notice pursuant to General Order 12 of Potential Related Case, submitted to District Judge for review and determination. Potential Related case: 8:24-cv-00849 (GTS/CFH). (mmg).
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Filing 2
Proposed Summons as to New York State Board of Elections, filed via MFT. (mmg).
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Filing 1
COMPLAINT against New York State Board Of Elections with attached exhibits filed by Scott Phillip Lewis via MFT. (Attachments: #1 Civil Cover Sheet)(mmg).
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