Melisaratos v. Biden
| Sophia H. Melisaratos |
| Joseph R. Biden, Jr. |
| 1:2023cv00401 |
| October 2, 2023 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
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Filing 4
JUDGMENT is entered dismissing this civil action. So Ordered by District Judge William E. Smith on 11/30/2023. (Urizandi, Nissheneyra)
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TEXT ORDER dismissing this case sua sponte for lack of jurisdiction. See Pagan v. Calderon, 448 F.3d 16, 26 (1st Cir. 2006) ("A federal court must satisfy itself as to its jurisdiction, including a plaintiff's Article III standing to sue... regardless of whether the litigants have raised the issue of standing."). First, Plaintiff has not established standing to bring her suit. To have standing, a plaintiff must show, in part, that she has suffered an "injury in fact" that is "concrete and particularized" and "actual or imminent." Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992) (internal quotation marks and citations omitted). In her Complaint, Plaintiff airs broad discontent with disability laws "[o]n behalf of all children with ADA disabilities." Compl. ¶ 65, ECF No. #1 . Plaintiff fails to allege any "personal and individual" injury and thus lacks standing. Lujan, 504 U.S. at 560 n.1. Additionally, the Court lacks jurisdiction based on the President's immunity from suit. Plaintiff asks the Court to order the President to issue a series of Executive Orders. Compl. ¶ ¶ 41-52. Upon "balanc[ing] the constitutional weight of the interest to be served against the dangers of intrusion on the authority and functions of the Executive Branch," the Court finds its exercise of jurisdiction in this case is not warranted. Nixon v. Fitzgerald, 457 U.S. 731, 754 (1982). Accordingly, this case is DISMISSED and Plaintiff's #3 Motion for Service by U.S. Marshal is denied as MOOT. So Ordered by District Judge William E. Smith on 11/30/2023. (Urizandi, Nissheneyra)
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| Filing 3 First MOTION to Serve Summons by U.S. Marshall filed by Sophia H. Melisaratos. Responses due by 12/1/2023. (Gonzalez Gomez, Viviana) |
| Filing 2 CASE OPENING NOTICE ISSUED (DaCruz, Kayla) |
| Filing 1 COMPLAINT ( filing fee paid $ 402.00 receipt number 100000644 ), filed by Sophia H. Melisaratos. (Attachments: #1 Civil Cover Sheet, #2 Waiver of Service)(DaCruz, Kayla) |
| Case assigned to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. (DaCruz, Kayla) |
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| Plaintiff: Sophia H. Melisaratos | |
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| Defendant: Joseph R. Biden, Jr. | |
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