Case: O'Connor v. Merida

1:20-cv-01141 | U.S. District Court for the District of Colorado

Filed Date: April 23, 2020

Closed Date: June 5, 2020

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Case Summary

This case alleged that the Colorado Green Party and its members prevented an individual from putting his name on the ballot for the Colorado Senate District 17 Primary. On April 23, 2020, an individual, representing himself pro se, filed this lawsuit in the U.S. District Court for the District of Colorado against the Colorado Green Party, its Co-Chairs, and its Secretary. The lawsuit alleged (1) violations of unspecified federal and Colorado civil and criminal laws for wrongful denial of bal…

This case alleged that the Colorado Green Party and its members prevented an individual from putting his name on the ballot for the Colorado Senate District 17 Primary.

On April 23, 2020, an individual, representing himself pro se, filed this lawsuit in the U.S. District Court for the District of Colorado against the Colorado Green Party, its Co-Chairs, and its Secretary. The lawsuit alleged (1) violations of unspecified federal and Colorado civil and criminal laws for wrongful denial of ballot access and (2) intentional infliction of severe emotional distress. Plaintiff alleged that defendants ignored his requests for a candidate questionnaire and failed to notify him of the Green Party Delegation Selection and, as a result, wrongfully denied plaintiff ballot access. Plaintiff requested that the Court void the results of the Green Party Delegation Selection, place him on the November primary ballot, and sought damages, including punitive damages. The case was assigned to Magistrate Judge Gordon P. Gallagher and District Judge Lewis T. Babcock.

From April to the end of May 2020, plaintiff filed multiple amended complaints, including filing the operative Amended Complaint on May 27, 2020. On June 5, 2020, the court dismissed plaintiff’s Amended Complaint without prejudice for failure to cure procedural deficiencies and entered judgment that same day. Plaintiff subsequently filed additional amended complaints, but the court noted that these filings would not be considered as the case had been dismissed. The case is closed.

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Summary Authors

Kate Stutz (11/7/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17105731/parties/oconnor-v-merida/

Judge(s)

Babcock, Lewis Thornton (Colorado)

Attorney for Plaintiff

O'Connor, Andrew J. (Colorado)

Judge(s)

Babcock, Lewis Thornton (Colorado)

Attorney for Plaintiff

O'Connor, Andrew J. (Colorado)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:20-cv-01141	Complaint for Damages and Motion for Declaratory and Injunctive Relief O'Connor V. Merida, et al.	April 23, 2020	April 23, 2020 Complaint
14 1:20-cv-01141	Amended Complaint O'Connor V. Merida, et al.	May 27, 2020	May 27, 2020 Complaint
15 1:20-cv-01141	Order of Dismissal O'Connor V. Merida, et al.	June 5, 2020	June 5, 2020 Order/Opinion
16 1:20-cv-01141	Judgment O'Connor V. Merida, et al.	June 5, 2020	June 5, 2020 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17105731/oconnor-v-merida/

Last updated Aug. 9, 2025, 10:25 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Damages and Motion for Declaratory and Injunctive Relief against Dave Bell, Colorado Green Party, Sierra Garcia, Andrea Merida, and R.J. Tobin, filed by Andrew J. O'Connor.(agarc, ) (Entered: 04/23/2020)	April 23, 2020	April 23, 2020 Clearinghouse
2	Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (agarc, ) (Entered: 04/23/2020)	April 23, 2020	April 23, 2020 PACER
3	ORDER Directing Plaintiff to Cure Deficiencies. If Plaintiff fails to cure the designated deficiencies within thirty days from the date of this Order, the action will be dismissed without further notice. The dismissal shall be without prejudice, by Magistrate Judge Gordon P. Gallagher on 4/27/2020. (sphil, ) (Entered: 04/28/2020)	April 27, 2020	April 27, 2020 PACER
4	Civil Cover Sheet re: 1 Complaint by Plaintiff Andrew J. O'Connor. (sphil, ) (Entered: 04/28/2020)	April 27, 2020	April 27, 2020 PACER
5	AMENDED COMPLAINT for Damages and Motion for Declaratory and Injunctive Relief against Dave Bell, Colorado Green Party, Sierra Garcia, Andrea Merida, R.J. Tobin, filed by Andrew J. O'Connor.(sphil, ) (Entered: 04/28/2020)	April 27, 2020	April 27, 2020 PACER
6	Pro Se Plaintiffs' Motion to Disqualify Magistrate Judge Gallagher Pursuant to 28 § 455 U.S.C., by Plaintiff Andrew J. O'Connor. (sphil, ) (Entered: 05/05/2020)	May 4, 2020	May 4, 2020 PACER
7	AMENDED Pro Se Plaintiffs' Motion to Disqualify Magistrate Judge Gallagher Pursuant to 28 § 455 U.S.C., by Plaintiff Andrew J. O'Connor. (sphil, ) (Entered: 05/05/2020)	May 4, 2020	May 4, 2020 PACER
8	ORDER by Magistrate Judge Gordon P. Gallagher on 5/6/2020, re: 6 Plaintiff's previously filed "Pro Se Plaintiff's Motion to Disqualify Magistrate Judge Gallagher Pursuant to 28 § 455 U.S.C." is DENIED as moot; 7 Plaintiff's "Amended Pro Se Plaintiffs Motion to Disqualify Magistrate Judge Gallagher Pursuant to 28 § 455 U.S.C." ("Motion to Recuse") is DENIED.(sphil, ) (Entered: 05/07/2020)	May 6, 2020	May 6, 2020 RECAP
9	AMENDED COMPLAINT against Dave Bell, Colorado Green Party, Sierra Garcia, Andrea Merida, R.J. Tobin, filed by Andrew J. O'Connor. (athom, ) (Entered: 05/27/2020)	May 26, 2020	May 26, 2020 PACER
10	Second MOTION to Disqualify Magistrate Judge Gallagher Pursuant to 28 § 455 U.S.C. and 28 § 144 U.S.C. by Plaintiff Andrew J. O'Connor. (athom, ) (Entered: 05/28/2020)	May 27, 2020	May 27, 2020 PACER
11	AFFIDAVIT Pursuant to 28 § 144 U.S.C. re 10 Second MOTION to Disqualify by Plaintiff Andrew J. O'Connor. (athom, ) (Entered: 05/28/2020)	May 27, 2020	May 27, 2020 PACER
12	Second MOTION to Disqualify Magistrate Judge Gallagher Pursuant to 28 § 455 U.S.C. and 28 § 144 U.S.C. by Plaintiff Andrew J. O'Connor. (athom, ) (Entered: 05/28/2020)	May 27, 2020	May 27, 2020 PACER
13	AFFIDAVIT Pursuant to 28 § 144 U.S.C. re 12 Second MOTION to Disqualify by Plaintiff Andrew J. O'Connor. (athom, ) (Entered: 05/28/2020)	May 27, 2020	May 27, 2020 PACER
14	AMENDED COMPLAINT against Dave Bell, Colorado Green Party, Sierra Garcia, Andrea Merida, R.J. Tobin, filed by Andrew J. O'Connor. (athom, ) (Entered: 05/28/2020)	May 27, 2020	May 27, 2020 Clearinghouse
15	ORDER OF DISMISSAL. The Amended Complaint and this action are dismissed without prejudice for failure to cure the deficiencies as directed. Leave to proceed in forma pauperis on appeal is denied without prejudice to the filing of a motion seeking leave to proceed in forma pauperis on appeal in the United States Court of Appeals for the Tenth Circuit. The "Second Motion[s] to Disqualify Magistrate Judge Gallagher Pursuant to 28 § 455 U.S.C.144 U.S.C. and 28 § 144 U.S.C." (ECF Nos. 10 & 12 ) are DENIED as moot. By Judge Lewis T. Babcock on 06/05/2020. (athom, ) (Entered: 06/08/2020)	June 5, 2020	June 5, 2020 Clearinghouse
16	JUDGMENT by Clerk re: 15 Order of Dismissal on 06/05/2020. (athom, ) (Entered: 06/08/2020)	June 5, 2020	June 5, 2020 Clearinghouse
17	AMENDED COMPLAINT, filed by Andrew J. O'Connor. (athom, ) (Entered: 06/15/2020)	June 12, 2020	June 12, 2020 PACER
18	AMENDED COMPLAINT, filed by Andrew J. O'Connor. (athom, ) (Entered: 06/15/2020)	June 12, 2020	June 12, 2020 PACER
19	AMENDED COMPLAINT, filed by Andrew J. O'Connor. (athom, ) (Entered: 06/15/2020)	June 12, 2020	June 12, 2020 PACER
20	AMENDED COMPLAINT, filed by Andrew J. O'Connor. (athom, ) (Entered: 06/15/2020)	June 12, 2020	June 12, 2020 PACER
21	MINUTE ORDER by Judge Lewis T. Babcock on 06/16/2020 re: 17, 18, 19, and 20 Complaints filed by Andrew J. O'Connor. Filings will not be considered after the dismissal of a case. If Plaintiff is attempting to initiate new actions in this Court, he should do so by filing Complaints that do not include a case number for an action that is already pending or closed. (athom, ) (Entered: 06/16/2020)	June 16, 2020	June 16, 2020 PACER
22	AMENDED COMPLAINT, filed by Andrew J. O'Connor. (athom, ) Modified on 7/6/2020 to correct filing date (athom, ). (Entered: 07/06/2020)	July 2, 2020	July 2, 2020 PACER