Case: Peterson v. North Carolina State Board of Elections

U.S. Court of Appeals for the Fourth Circuit

APPLICATION to Proceed IFP by VICTOREA PETERSON. (Sheets, Jamie) (Entered: 03/19/2020)

COMPLAINT against NORTH CAROLINA STATE BOARD OF ELECTIONS, DURHAM COUNTY BOARD OF ELECTIONS, ALEJANDRA JAVIERA CABALLERO, filed by VICTOREA PETERSON. (Sheets, Jamie) (Entered: 03/19/2020)

CIVIL COVER SHEET. (Sheets, Jamie) (Entered: 03/19/2020)

Case Assigned

Motions Referred

Case ASSIGNED to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie)

Motions Referred to MAG/JUDGE JOE L. WEBSTER RE: 1 APPLICATION to Proceed IFP. (Sheets, Jamie)

ORDER signed by MAG/JUDGE JOE L. WEBSTER on 5/15/2020; that Plaintiff shall have up to and including June 15, 2020 to submit a completed application to proceed in forma pauperis for the Court's consideration. The Clerk shall mail Plaintiff a blank application to proceed in forma pauperis along with this order. (Sheets, Jamie) (Entered: 05/15/2020)

Filing fee: $400.00, receipt number NCM050648. (Butler, Carol)

Motions Referred: RE: 1 APPLICATION to Proceed IFP (), to MAG/JUDGE JOE L. WEBSTER (Butler, Carol)

Filing Fee Received

Motions Referred

TEXT ORDER denying as moot 1 Application to Proceed In Forma Pauperis. Plaintiff has now submitted the full filing fee in this matter. Therefore, the IFP application is moot. Plaintiff shall proceed with service of process pursuant to the Federal Rules of Civil Procedure. Issued by MAG/JUDGE JOE L. WEBSTER on 6/25/2020.(Lee, Pedra)

Order on Motion for Application to Proceed IFP

MOTION to Amend by VICTOREA PETERSON. Response to Motion due by 8/3/2020. (Attachments: # 1 Amended Complaint)(Butler, Carol) (Entered: 07/09/2020)

1 Amended Complaint

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Summons Issued as to ALEJANDRA JAVIERA CABALLERO, DURHAM COUNTY BOARD OF ELECTIONS, NORTH CAROLINA STATE BOARD OF ELECTIONS. (Butler, Carol) (Entered: 07/09/2020)

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Butler, Carol) (Entered: 07/09/2020)

Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: 5 MOTION to Amend. (Engle, Anita)

Motions Referred

TEXT ORDER granting 5 Motion to AMEND. Because Defendants have not yet been served, Plaintiff is entitled to amend her complaint. Fed. R. Civ. P. 15(a)(1)(A). The Clerk shall docket Plaintiff's Amended Complaint (Docket Entry 5-1) as a separate document. Issued by MAG/JUDGE JOE L. WEBSTER on 7/20/2020.(Manset, Michael)

AMENDED COMPLAINT against defendant ALEJANDRA JAVIERA CABALLERO, DURHAM COUNTY BOARD OF ELECTIONS, NORTH CAROLINA STATE BOARD OF ELECTIONS, filed by VICTOREA PETERSON. (Butler, Carol) Modified on 7/22/2020 to reflect correct file date. (Butler, Carol) (Entered: 07/21/2020)

Order on Motion to Amend

SUMMONS Returned Executed by VICTOREA PETERSON as to ALEJANDRA JAVIERA CABALLERO served on 7/14/2020, answer due 8/4/2020; DURHAM COUNTY BOARD OF ELECTIONS served on 7/14/2020, answer due 8/4/2020; NORTH CAROLINA STATE BOARD OF ELECTIONS served on 7/14/2020, answer due 8/4/2020. (Attachments: # 1 Envelope - Front and Back)(Butler, Carol) (Entered: 07/29/2020)

1 Envelope - Front and Back

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NOTICE of Attorney Appearance by attorney WILLIE S. DARBY on behalf of Defendant DURHAM COUNTY BOARD OF ELECTIONS (DARBY, WILLIE) Modified on 6/9/2021 to correct filer (Contreras, Jamie). (Entered: 08/03/2020)

MOTION for Extension of Time To File Motion for DURHAM COUNTY BOARD OF ELECTIONS To File An Answer to Plaintiff's Complaint until August 24, 2020 by WILLIE S DARBY. (DARBY, WILLIE) Modified on 6/9/2021 to correct filer (Contreras, Jamie). (Entered: 08/03/2020)

Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: 11 MOTION for Extension of Time To File Motion for WILLIE S DARBY To File An Answer to Plaintiff's Complaint until August 24, 2020. (Engle, Anita)

Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: 11 MOTION for Extension of Time To File Motion for DURHAM COUNTY BOARD OF ELECTIONS To File An Answer to Plaintiff's Complaint until August 24, 2020. (Engle, Anita) Modified on 6/9/2021 to correct filer (Contreras, Jamie).

NOTICE of Attorney Appearance by attorney PAUL M. COX on behalf of Defendant NORTH CAROLINA STATE BOARD OF ELECTIONS (COX, PAUL) (Entered: 08/04/2020)

MOTION for Extension of Time to File Answer re 2 Complaint and to correct Docket Entry by NORTH CAROLINA STATE BOARD OF ELECTIONS. (COX, PAUL) (Entered: 08/04/2020)

Additional Attachments to Main Document re 13 MOTION for Extension of Time to File Answer re 2 Complaint and to correct Docket Entry . (COX, PAUL) (Entered: 08/04/2020)

TEXT ORDER granting 11 Motion for Extension of Time To File Answer. For good cause shown, Defendant Durham County Board of Elections shall have up to and including August 24, 2020 to file an Answer or otherwise plead in this matter. Issued by MAG/JUDGE JOE L. WEBSTER on 8/4/2020.(Lee, Pedra)

Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: 13 MOTION for Extension of Time to File Answer re 2 Complaint and to correct Docket Entry. (Engle, Anita)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ALEJANDRA JAVIERA CABALLERO. Response to Motion due by 8/25/2020 (REHBERG, KIMBERLY) (Entered: 08/04/2020)

MEMORANDUM filed by Defendant ALEJANDRA JAVIERA CABALLERO re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ALEJANDRA JAVIERA CABALLERO. (REHBERG, KIMBERLY) (Entered: 08/04/2020)

Order on Motion for Extension of Time To File Motion

Motions Referred

Roseboro Letter as to VICTOREA PETERSON re Right to Respond to 15 . (Butler, Carol) (Entered: 08/05/2020)

CERTIFICATE re 16 Memorandum complies with word count limitations set forth in LR 7.3(d) by Defendant ALEJANDRA JAVIERA CABALLERO. (REHBERG, KIMBERLY) (Entered: 08/06/2020)

TEXT ORDER granting 13 Motion for Extension of Time to Answer filed by NORTH CAROLINA STATE BOARD OF ELECTIONS. For good cause shown, Defendant North Carolina State Board of Elections, shall answer or otherwise respond to the Amended Complaint no later than August 31, 2020. Issued by MAG/JUDGE JOE L. WEBSTER on 8/10/2020.(Lee, Pedra)

Order on Motion for Extension of Time to Answer

First MOTION to Dismiss Defendant Durham County Board of Elections by DURHAM COUNTY BOARD OF ELECTIONS. Response to Motion due by 9/14/2020 (DARBY, WILLIE) Modified on 6/9/2021 to correct filer (Contreras, Jamie). (Entered: 08/24/2020)

MEMORANDUM filed by Defendant DURHAM COUNTY BOARD OF ELECTIONS re 19 First MOTION to Dismiss Defendant Durham County Board of Elections Memorandum in Support of Motion to Dismiss filed by DURHAM COUNTY BOARD OF ELECTIONS. (DARBY, WILLIE) Modified on 6/9/2021 to correct filer (Contreras, Jamie). (Entered: 08/24/2020)

CERTIFICATE re 20 Memorandum Certification of Word Count by Defendant DURHAM COUNTY BOARD OF ELECTIONS. (DARBY, WILLIE) Modified on 6/9/2021 to correct filer (Contreras, Jamie). (Entered: 08/24/2020)

ANSWER OF DEFENDANT DURHAM COUNTY BOARD OF ELECTIONS. ANSWER to Amended Complaint, ANSWER OF DEFENDANT DURHAM COUNTY BOARD OF ELECTIONS, ANSWER to 8 Amended Complaint, 2 Complaint by DURHAM COUNTY BOARD OF ELECTIONS. (DARBY, WILLIE) Modified on 6/9/2021 to correct filer (Contreras, Jamie). (Entered: 08/24/2020)

CERTIFICATE OF SERVICE by DURHAM COUNTY BOARD OF ELECTIONS re 22 Answer to Amended Complaint, Answer to Complaint, CERTIFICATE OF SERVICE (DARBY, WILLIE) Modified on 6/9/2021 to correct filer (Contreras, Jamie). (Entered: 08/24/2020)

Roseboro Letter as to VICTOREA PETERSON re Right to Respond to 19 .(Butler, Carol) (Entered: 08/25/2020)

MOTION for Extension of Time to File Response entitled "Motion Not To Dismiss Complaint" by VICTOREA PETERSON. (Attachments: # 1 Envelope - Front and Back)(Butler, Carol) (Main Document 25 replaced on 9/1/2020 to correct image) (Butler, Carol) (Entered: 08/27/2020)

NOTICE of Attorney Appearance by attorney TERENCE P. STEED on behalf of Defendant NORTH CAROLINA STATE BOARD OF ELECTIONS (STEED, TERENCE) (Entered: 08/31/2020)

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by NORTH CAROLINA STATE BOARD OF ELECTIONS. Response to Motion due by 9/21/2020 (STEED, TERENCE) (Entered: 08/31/2020)

MEMORANDUM filed by Defendant NORTH CAROLINA STATE BOARD OF ELECTIONS re 27 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by NORTH CAROLINA STATE BOARD OF ELECTIONS. (STEED, TERENCE) (Entered: 08/31/2020)

APPENDIX re 27 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Defendant NORTH CAROLINA STATE BOARD OF ELECTIONS. (Attachments: # 1 Affidavit of Katelyn Love, # 2 Exhibit A - October 23, 2019 Letter and Administrative Dismissal Recommendation, # 3 Exhibit B - October 23, 2019 FedEx proof-of-delivery, # 4 Exhibit C - November 4, 2019 Wake County Superior Court Complaint, # 5 Exhibit D - Certificate of Election, # 6 Exhibit E - February 14, 2020 Wake County Superior Court Order of Dismissal)(STEED, TERENCE) (Entered: 08/31/2020)

CERTIFICATE OF SERVICE by VICTOREA PETERSON re 25 MOTION for Extension of Time to File Response entitled "Motion Not To Dismiss Complaint". (Butler, Carol) (Entered: 09/01/2020)

Motion Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: 25 MOTION for Extension of Time to File Response/Reply. (Engle, Anita)

Motions Referred

TEXT ORDER granting 25 Motion for Extension of Time to File Response. For good cause shown, Plaintiff shall have up to and including September 24, 2020 to file a response to Defendant Caballero's Motion to Dismiss. Issued by MAG/JUDGE JOE L. WEBSTER on 9/2/2020.(Lee, Pedra)

Roseboro Letter as to Plaintiff VICTOREA PETERSON re Right to Respond to 27 Motion. (Butler, Carol) (Entered: 09/02/2020)

Order on Motion for Extension of Time to File Response/Reply

MOTION for Extension of Time to File Response/Reply entitled Motion Not to Dismiss Complaint as to 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 27 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by VICTOREA PETERSON. (Butler, Carol) (Entered: 09/22/2020)

MOTION for Extension of Time to File Response/Reply entitled Motion Not to Dismiss Complaint as to 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 27 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by VICTOREA PETERSON. (Butler, Carol) Modified on 9/24/2020 to reflect the correct file date. (Butler, Carol) (Entered: 09/22/2020)

Motions Referred to MAGISTRATE JUDGE JOE L. WEBSTER RE: 33 MOTION for Extension of Time to File Response/Reply as to 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 27 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, 32 MOTION for Extension of Time to File Response/Reply as to 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 27 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim. (Engle, Anita)

Motions Referred

TEXT ORDER granting 32 Motion for Extension of Time to File Response. For good cause shown, Plaintiff shall have up to and including October 21, 2020 to file a response to Defendant North Carolina State Board of Elections' Motion to Dismiss. Issued by MAG/JUDGE JOE L. WEBSTER on 9/24/2020.(Lee, Pedra)

TEXT ORDER granting 33 Motion for Extension of Time to File Response. For good cause shown, Plaintiff shall have up to and including October 14, 2020 to file a response to Defendant Durham County Board of Elections' Motion to Dismiss. Issued by MAG/JUDGE JOE L. WEBSTER on 9/24/2020.(Lee, Pedra)

RESPONSE in Opposition entitled "Motion in Opposition To Motion to Dismiss" re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ALEJANDRA JAVIERA CABALLERO, 27 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by NORTH CAROLINA STATE BOARD OF ELECTIONS filed by VICTOREA PETERSON. Replies due by 10/13/2020. (Butler, Carol) (Entered: 09/24/2020)

Order on Motion for Extension of Time to File Response/Reply

RESPONSE in Opposition re 27 First MOTION to Dismiss Defendant Durham County Board of Elections filed by DURHAM COUNTY BOARD OF ELECTIONS filed by VICTOREA PETERSON. Replies due by 11/9/2020. (Butler, Carol) Modified on 10/27/2020 to reflect Response is in reference to 27 Motion to Dismiss. (Butler, Carol) Modified on 6/9/2021 to correct filer (Contreras, Jamie). (Entered: 10/22/2020)

RESPONSE in Opposition 19 MOTION to Dismiss, filed by VICTOREA PETERSON. Replies due by 11/9/2020. (Attachments: # 1 Envelope - Front and Back)(Butler, Carol) Modified on 10/27/2020 to reflect Response is in reference to 19 Motion to Dismiss.(Butler, Carol) (Entered: 10/22/2020)

1 Envelope - Front and Back

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Motions Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: 19 First MOTION to Dismiss Defendant Durham County Board of Elections, 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 27 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim. (Engle, Anita)

MEMORANDUM OPINION AND ORDER, signed by CHIEF JUDGE THOMAS D. SCHROEDER on 12/29/20, that the Defendants' motions to dismiss (Docs. 15, 19, 27 ) are GRANTED and the complaint is DISMISSED WITHOUT PREJUDICE.(Butler, Carol) (Entered: 12/29/2020)

JUDGMENT signed by CHIEF JUDGE THOMAS D. SCHROEDER on 12/29/20, for the reasons set out in the Memorandum Opinion and Order entered contemporaneously with this Judgment, that the Defendants' motions to dismiss (Docs. 15, 19, 27 ) are GRANTED and the complaint is DISMISSED WITHOUT PREJUDICE. (Butler, Carol) (Entered: 12/29/2020)

NOTICE OF APPEAL as to 38 Judgment, by VICTOREA PETERSON. (Attachments: # 1 Envelope - Front and Back)(Butler, Carol) (Entered: 01/21/2021)

1 Envelope - Front and Back

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Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 39 Notice of Appeal (Butler, Carol)

Electronic Transmission of Notice of Appeal and Docket Sheet to USCA

NOTICE of Docketing Notice of Appeal from USCA re 39 Notice of Appeal filed by VICTOREA PETERSON. USCA Case Number 21-1095. Case Manager:Cathy Tyree Herb. (Butler, Carol) (Entered: 01/25/2021)

Assembled Electronic Record Transmitted to Fourth Circuit to US Court of Appeals re 39 Notice of Appeal (Butler, Carol)

Assembled Electronic Record Transmitted to Fourth Circuit

Receipt of Funds in the amount of $ 505.00. Receipt number: NCM053151. (Garland, Leah)

Receipt of Funds

USCA OPINION affirming the District Court by unpublished per curiam opinion. (USCA Case number: 21-1095) (Garland, Leah) (Entered: 07/23/2021)

USCA JUDGMENT as to 39 Notice of Appeal filed by VICTOREA PETERSON: In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (USCA Case number: 21-1095) (Garland, Leah) (Entered: 07/23/2021)

MANDATE of USCA as to 42 USCA Judgment, that the judgment of this court, entered July 22, 2021, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41 (a) of the Federal Rules of Appellate Procedure. (Butler, Carol) (Entered: 08/18/2021)