Filed Date: Nov. 13, 2020
Closed Date: Dec. 28, 2020
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This case involved a candidate for the U.S. House of Representatives challenging certification of the 2020 election. On November 13, 2020, a pro se plaintiff filed a Complaint against the State of Rhode Island in the United States District Court for the District of Rhode Island alleging jurisdiction based on an unspecific section or amendment of the "US Constitution" and "US Election Code 595" (presumably 18 USC 595). Plaintiff's statement of claim asserted a constitutional right "for a fair and honest election" and alleged the State “made laws to limit [his] ability to campaign.” He sought to "stop the certification of the federal election for Congress in the First District" and requested access to all "ballots and data." The complaint also alleged Rhode Island interfered "in [his] election" without specifying how. The same day, plaintiff filed an application to proceed in forma pauperis. The docket did not indicate Plaintiff ever attempted to serve the State.
On November 16, 2020, the complaint and application for leave to proceed in forma pauperis were referred to Magistrate Judge Lincoln D. Almond. On December 8, 2020, the magistrate judge issued his Report and Recommendation for Summary Dismissal Pursuant to 28 U.S.C. § 1915(c). As required by statute, after granting the application to proceed in forma pauperis, the magistrate judge proceeded to review the complaint sua sponte and recommended dismissal with prejudice. The magistrate judge concluded the complaint failed to comply with Rule 8 because it did not inform the court of relevant facts and claims, or permit defendant to answer the complaint and prepare for trial. The complaint provided no guidance about the basis for any claim under the U.S. Constitution, and assuming “U.S. Election Code 595” referred to 18 U.S.C. § 595, that is a criminal statute with no private right of action.
According to the docket, Chief Judge John J. McConnell, Jr. entered an order on December 28, 2020 that adopted the Report and Recommendation and dismissed the Complaint with prejudice.
Summary Authors
Kelly Tsai (5/29/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18630997/parties/lemire-v-state-of-rhode-island/
McConnell, John James (Rhode Island)
Lemire, Jeffrey Edward (Rhode Island)
See docket on RECAP: https://www.courtlistener.com/docket/18630997/lemire-v-state-of-rhode-island/
Last updated Sept. 28, 2024, 4:18 p.m.
State / Territory: Rhode Island
Case Type(s):
Key Dates
Filing Date: Nov. 13, 2020
Closing Date: Dec. 28, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Candidate for U.S. House of Representatives in 2020 election.
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Case Details
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Voting: