Case: Laity v. Harris

COMPLAINT against KAMALA DEVI HARRIS ( Filing fee $ 400, receipt number 4616104076) filed by ROBERT C. LAITY. (Attachments: # 1 Civil Cover Sheet)(zjf) (Entered: 09/11/2020)

1 Civil Cover Sheet

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Summons Issued as to AUSA

SUMMONS (3) Issued as to KAMALA DEVI HARRIS, U.S. Attorney and U.S. Attorney General (zjf)

Summons Issued as to AUSA,USAG

STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 09/17/20. (Attachment: # 1 Exhibit 1) (mac) (Entered: 09/17/2020)

CERTIFICATE OF SERVICE by ROBERT C. LAITY re 2 STANDING ORDER. (zjf) (Entered: 10/07/2020)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/29/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/29/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 11/28/2020.) (zjf) (Entered: 10/20/2020)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KAMALA DEVI HARRIS served on 9/28/2020 (zjf) (Entered: 10/21/2020)

NOTICE of Appearance by Benjamin John Razi on behalf of KAMALA DEVI HARRIS (Razi, Benjamin) (Entered: 10/26/2020)

MOTION to Dismiss by KAMALA DEVI HARRIS (Attachments: # 1 Text of Proposed Order)(Razi, Benjamin) (Entered: 10/26/2020)

1 Text of Proposed Order

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NOTICE of Consent to Proceed before US Magistrate Judge for All Purposes by ROBERT C. LAITY. (zjf) (Entered: 10/30/2020)

Memorandum in opposition re 7 MOTION to Dismiss filed by ROBERT C. LAITY. (Attachments: # 1 Text of Proposed Order)(zjf) (Entered: 11/05/2020)

1 Text of Proposed Order

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REPLY to opposition to motion re 7 MOTION to Dismiss filed by KAMALA DEVI HARRIS. (Razi, Benjamin) (Entered: 11/05/2020)

MOTION for Leave to File by U.S. Allegiance Institute (Attachments: # 1 Amicus Brief, # 2 LcvR 26.1 Certificate, # 3 Text of Proposed Order)(Olson, William) (Entered: 11/09/2020)

1 Amicus Brief

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2 LcvR 26.1 Certificate

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3 Text of Proposed Order

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NOTICE OF ERROR re 11 Motion for Leave to File; emailed to wjo@mindspring.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. DO NOT REFILE FYI- When adding parties they must be in all caps per the Court's instructions (zjf, )

ERRATA by U.S. ALLEGIANCE INSTITUTE 11 MOTION for Leave to File filed by U.S. ALLEGIANCE INSTITUTE. (Attachments: # 1 Exhibit Corrected amicus curiae brief)(Olson, William) (Entered: 11/10/2020)

1 Exhibit Corrected amicus curiae brief

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MINUTE ORDER granting 7 MOTION to Dismiss and dismissing this action with prejudice as the addition of facts regarding the current pleading would be futile. Further, the Court denies 11 MOTION for Leave to File as moot. Pro Se Plaintiff Robert Laity ("Mr. Laity"), who has brought similar claims against various other elected officials in the past, see Laity v. State, 153 A.D.3d 1079 (2017), brings this claim against U.S. Senator Kamala Harris, claiming that she is ineligible to become Vice President of the United States because she is not a natural born citizen. See Compl., ECF No. 1 at 1-2. Senator Harris avers that this case should be dismissed because Mr. Laity lacks standing and has not stated a claim upon which relief can be granted. See Def.'s Mot, ECF No. 7 at 1-2. The Court finds that Mr. Laity lacks standing. "Before this Court may evaluate the merits of his claims, plaintiff must demonstrate that he has the requisite standing to bring this lawsuit, and that the Court may grant the relief he seeks."Sibley v. Obama, 866 F. Supp. 2d 17, 19 (D.D.C. 2012), aff'd, No. 12-5198, 2012 WL 6603088 (D.C. Cir. Dec. 6, 2012). "Federal courts have jurisdiction over a case or controversy under Article III of the U.S. Constitution only if the plaintiff has standing to sue." Id. at 1920 (citing Kerchner v. Obama, 612 F.3d 204, 207 (3d Cir.2010)). "Standing under Article III requires: (1) violation of a legally protected interest that is personal to the plaintiff and actual or imminent, not conjectural or hypothetical; (2) a causal relation between the injury and the defendant's challenged conduct; and (3) likelihood that a decision for the plaintiff will compensate for the injury." Id. (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 56061, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992)). "A generalized interest of all citizens in constitutional governance does not suffice to confer standing on one such citizen." Id. (citing Drake v. Obama, 664 F.3d 774, 779 (9th Cir.2011)). "To establish standing in a case, the plaintiff must show that he has a 'personal stake' in the alleged dispute, and that the injury is 'particularized' as to him. Id. (citing Raines v. Byrd, 521 U.S. 811, 819, 117 S.Ct. 2312, 138 L.Ed.2d 849 (1997)). Mr. Laity has not alleged any injury particularized to himself. Though he attempts to argue that there would be a potential harm to national security, see Compl., ECF No. 1 at 1, his argument is unpersuasive because his generalized assertions are "hardly a 'concrete and particularized injury' [towards himself, that would be] necessary to establish standing." Skarzynski v. C.I.A., 637 F. App'x 220 (7th Cir. 2016). Further, based on the allegations in the pleading, no set of additional facts would cure the pleading's deficiency. Because the Court finds that Mr. Laity lacks standing, it need not reach Senator Harris's 12(b)(6), failure to state a claim" argument. Signed by Judge Emmet G. Sullivan on 11/10/2020. (lcegs2)

NOTICE OF APPEAL as to Minute Order on Motion to Dismiss filed on 11/10/2020 by ROBERT C. LAITY. Fee Status: No Fee Paid. Parties have been notified. (Attachments: # 1 Certificate of Service)(zjf) (Entered: 11/18/2020)

Transmission of the Notice of Appeal, Minute Order Appealed, and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 13 Notice of Appeal. (zjf) (Entered: 11/18/2020)

USCA Case Number 20-7109 for 13 Notice of Appeal filed by ROBERT C. LAITY. (zrdj)

USCA Case Number

USCA Appeal Fees received $ 505 receipt number 4616104614 re 13 Notice of Appeal filed by ROBERT C. LAITY (zjf)

Supplemental Record on Appeal transmitted to US Court of Appeals re USCA Appeal Fees; USCA Case Number: 20-7109. (zjf) (Entered: 11/25/2020)

USCA Appeal Fees

USCA Mandate

1 USCA Order

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