Davis v. New York State Board of Elections et al
| Evan A. Davis |
| New York State Board of Elections, Peter S. Kosinski, Douglas A. Kellner, Andrew J. Spano, Gregory P. Peterson, New York City Board Of Elections, Bianka Perez, Frederic M. Umane, Jose Miguel Araujo, John Flateau, Lisa Grey, Maria R. Guastella, Michael Michel, Michael A. Rendino, Alan Schulkin and Simon Shamoun |
| 1:2016cv01750 |
| March 8, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| John G. Koeltl |
| Constitutionality of State Statutes |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
81
OPINION AND ORDER re: 59 MOTION to Dismiss for Lack of Jurisdiction filed by Maria R. Guastella, Alan Schulkin, Bianka Perez, Frederic M. Umane, Lisa Grey, Simon Shamoun, Michael A. Rendino, John Flateau, Michael Michel, Jos e Miguel Araujo, 57 MOTION to Dismiss the First Amended Complaint filed by Gregory P. Peterson, Andrew J. Spano, Douglas A. Kellner, Peter S. Kosinski. The plaintiff, Evan A. Davis, brings this action for declaratory and injunc tive relief against the defendants, the Commissioners of the New York State and New York City Boards of Election in their official capacities. Davis alleges that §§ 6-138, 6-140, 6-146, and 7-104 of the New York Election Law (the &qu ot;Candidate Laws") are unconstitutional under the First and Fourteenth Amendments. Pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, the defendants moved to dismiss Davis's claims for lack of subject matte r jurisdiction and for failure to state a claim. For the reasons explained below, the Rule 12(b)(1) motion is granted; as further set forth herein. The complaint is dismissed without prejudice for lack of subject matter jurisdiction. Having con cluded that the Court lacks subject matter jurisdiction in this case, the defendants' motion to dismiss the plaintiff's complaint for failure to state a claim is denied as moot. The Clerk is directed to enter Judgment and to close this case. The Clerk is also directed to close all pending motions. (Signed by Judge John G. Koeltl on 11/4/2016) (mro)
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