Case: Riethmiller v. Unnamed Defendants

5:20-cv-00606 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Nov. 17, 2020

Closed Date: May 23, 2022

Clearinghouse coding complete

Case Summary

This is a case alleging voter fraud in North Carolina during the 2020 election.  On November 17, 2020, Plaintiff originally filed an application to proceed in forma pauperis in Manatee County, Florida, but the case was removed to the Eastern District of North Carolina on December 28, 2020, where it proceeded. In September 2021, Plaintiff submitted a handwritten complaint, pro se, against unnamed defendants to the Eastern District of North Carolina. Plaintiff's complaint asserted that due to all…

This is a case alleging voter fraud in North Carolina during the 2020 election. 

On November 17, 2020, Plaintiff originally filed an application to proceed in forma pauperis in Manatee County, Florida, but the case was removed to the Eastern District of North Carolina on December 28, 2020, where it proceeded. In September 2021, Plaintiff submitted a handwritten complaint, pro se, against unnamed defendants to the Eastern District of North Carolina. Plaintiff's complaint asserted that due to alleged pending outcomes and pending results from the 2020 election, she requested a declaratory order that, as a matter of public interest, “any organization with an audience must qualify assertions they make re 2020 Election are their opinion [on the outcome of the election or whether election fraud took place] and not fact” until the “final legal outcome” of the election. In the affidavit attached to her complaint, Plaintiff asserted that the election had been tampered with, due to “unauthorized access” to Dominion Voting System and “illegal votes by dead and illegal people.”

A magistrate judge recommended dismissal of the case for lack of standing, failure to state a claim, and failure to prosecute, which the district court adopted. The district court added that dismissal was warranted for failure to state a claim and for failure to prosecute, as Plaintiff did not identify defendants. On October 20, 2021, the court dismissed the case without prejudice.

Plaintiff appealed to the Fourth Circuit on November 23, 2021. In an unpublished per curium decision, the court dismissed for lack of jurisdiction because notice of the appeal was not timely filed within 30 days of entry of the district court’s judgment, as required by the Federal Rules of Appellate Procedure.

Summary Authors

Gabrielle Jackson (7/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18644184/parties/riethmiller/


Judge(s)

Flanagan, Louise W. (North Carolina)

Attorney for Plaintiff

Riethmiller, Annamarie (North Carolina)

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Documents in the Clearinghouse

Document
11

5:20-cv-00606

Complaint

Sept. 14, 2021

Sept. 14, 2021

Complaint
15

5:20-cv-00606

Judgment

Oct. 20, 2021

Oct. 20, 2021

Order/Opinion
14

5:20-cv-00606

Order

Oct. 20, 2021

Oct. 20, 2021

Order/Opinion
19

5:20-cv-00606

USCA Opinion

U.S. Court of Appeals for the Fourth Circuit

May 23, 2022

May 23, 2022

Order/Opinion

2022 WL 1619025

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18644184/riethmiller/

Last updated Aug. 9, 2025, 10:29 p.m.

ECF Number Description Date Link Date / Link
1

MOTION for Leave to Proceed in forma pauperis, filed by Annamarie Riethmiller. (Attachments: # 1 Proposed Complaint, # 2SEALED - Copy of Florida driver's license, # 3 Civil Cover Sheet, # 4 Proposed Summons) (Rudd, D.) Modified on 12/3/2020 to seal exhibit 2 pursuant to directive from chambers. (Collins, S.). (Entered: 11/18/2020)

Nov. 17, 2020

Nov. 17, 2020

Clearinghouse
2

Notice of Self-Representation filed by Annamarie Riethmiller. (Rudd, D.) (Entered: 11/18/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
3

Financial Disclosure Statement filed by Annamarie Riethmiller. (Rudd, D.) (Entered: 11/18/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
4

ORDER OF DEFICIENCY. Plaintiff is DIRECTED to correct the deficiencies listed above and return the corrected documents within fourteen (14) days from the filing of this order. Failure to do so may result in the dismissal of this action without prejudice for failure to prosecute. Signed by District Judge Louise Wood Flanagan on 11/20/2020. (A copy of this Order, pro se litigant brochure and blank civil summons forms were sent via US mail to Annamarie Riethmiller, 1009 Delma Grimes Rd., Coats, NC 27521.) (Collins, S.) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
5

EX PARTE URGENT MOTION IN RESPONSE TO COURT'S ORDER by Annamarie Riethmiller. (Collins, S.) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
6

Response of the Ex Parte Petitioner to This Court's Order dated 11/20/20 by Annamarie Riethmiller. (Attachments: # 1 Copy of deficiency order, # 2 Envelope) (Collins, S.) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER

Motions Referred to US Magistrate Judge Brian S. Meyers regarding 5 EX PARTE MOTION by Annamarie Riethmiller, 1 MOTION for Leave to Proceed in forma pauperis. (Collins, S.)

Dec. 3, 2020

Dec. 3, 2020

PACER

Motion Referred

Dec. 3, 2020

Dec. 3, 2020

PACER
7

MOTION for Protective Order, MOTION for Joinder filed by Annamarie Riethmiller. (Attachments: # 1 Exhibit A - Urgent motion, # 2 Exhibit B - Copy of Manatee envelope, # 3 Exhibit C - Copy of Manatee envelope, # 4 Exhibit D - Invoice, # 5 Exhibit E - Invoice, # 6 Exhibit F - Handwritten note, # 7 For FBI and IRS Appendix, # 8 Affidavit) (Collins, S.) (Entered: 12/22/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
8

MOTION for Removal of Manatee County, Florida Case to this District Court filed by Annamarie Riethmiller. (Attachments: # 1 Exhibit Copy of Manatee County, Florida court documents) (Collins, S.) (Entered: 12/29/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
9

MOTION for Joinder filed by Annamarie Riethmiller. (Attachments: # 1 Additional motion document, # 2 Affidavit of Annamarie Doroetha Riethmiller, # 3 Notice of Service of parties to join) (Collins, S.) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER

Motions Referred to US Magistrate Judge Brian S. Meyers regarding 9 MOTION for Joinder, 8 MOTION Removal of Manatee County, Florida Case to this District Court, 7 MOTION for Protective Order MOTION for Joinder. (Collins, S.)

Sept. 14, 2021

Sept. 14, 2021

PACER
10

ORDER and MEMORANDUM AND RECOMMENDATIONS regarding 9 MOTION for Joinder filed by Annamarie Riethmiller, 7 MOTION for Protective Order MOTION for Joinder filed by Annamarie Riethmiller, 8 MOTION Removal of Manatee County, Florida Case to this District Court filed by Annamarie Riethmiller, 5 EX PARTE MOTION by Annamarie Riethmiller filed by Annamarie Riethmiller, 1 MOTION for Leave to Proceed in forma pauperis filed by Annamarie Riethmiller. Objections to Memorandum and Recommendations due by 9/27/2021. Signed by Magistrate Judge Brian S. Meyers on 9/13/2021. A copy of this Order and M&R was sent via US mail to Annamarie Riethmiller at 1009 Delma Grimes Road, Coats, North Carolina 27521 AND at 5900 Cyrils Drive, Saint Cloud, Florida 34771. (Collins, S.) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
11

COMPLAINT against Unnamed Defendants filed by Annamarie Riethmiller. (Collins, S.) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

Clearinghouse

Motion Referred

Sept. 14, 2021

Sept. 14, 2021

PACER
12

Notice of Change of Address

Sept. 27, 2021

Sept. 27, 2021

PACER
13

Objection to Memorandum and Recommendations

Sept. 27, 2021

Sept. 27, 2021

PACER

Motion Submitted

Sept. 27, 2021

Sept. 27, 2021

PACER
14

ORDER adopting Report and Recommendations regarding 10 Memorandum and Recommendations. The court ADOPTS the M&R, (DE 10) and overrules plaintiff's objections (DE 13). Plaintiff's claims are DISMISSED WITHOUT PREJU DICE pursuant to 28 U.S.C. § 1915(e)(2). The clerk is DIRECTED to close this case. Signed by District Judge Louise Wood Flanagan on 10/20/2021. A copy of this Order was sent via US mail to Annamarie Riethmiller, P O Box 620473, Orlando, FL 32862 (Collins, S.)

Oct. 20, 2021

Oct. 20, 2021

RECAP
15

JUDGMENT - In accordance with the court's order entered October 20, 2021, and for the reasons set forth more specifically therein, that this action is DISMISSED WITHOUT PREJUDICE. Signed by Peter A. Moore, Jr., Clerk of Court on 10/20/2021. (Collins, S.)

Oct. 20, 2021

Oct. 20, 2021

RECAP
16

Notice of Appeal -Final Judgment

Dec. 20, 2021

Dec. 20, 2021

PACER
17

Transmission of Notice of Appeal and Docket Sheet to USCA

Dec. 20, 2021

Dec. 20, 2021

PACER

Assembled Electronic Record on Appeal transmitted to 4CCA

Dec. 20, 2021

Dec. 20, 2021

PACER
18

USCA Case Number

Dec. 28, 2021

Dec. 28, 2021

PACER
19

Opinion from USCA

May 23, 2022

May 23, 2022

RECAP
20

USCA Judgment

May 23, 2022

May 23, 2022

PACER
21

USCA Mandate

June 14, 2022

June 14, 2022

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 17, 2020

Closing Date: May 23, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

private individual

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Unnamed, Private Entity/Person

Case Details

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Challenges to at-large/multimember district/election

Election administration

Voting: General & Misc.