Case: Sanders v. Merrill

2:21-cv-00007 | U.S. District Court for the Middle District of Alabama

Filed Date: Jan. 4, 2021

Closed Date: Feb. 21, 2021

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Case Summary

Named plaintiff filed a complaint pro se in United States District Court for the Middle District of Alabama on January 4, 2021, against John Merrill, the Alabama Secretary of State and Kay Ivey, Governor of Alabama. The handwritten complaint alleged that the Secretary of State and Governor of Alabama kept Plaintiff off of the 2020 Presidential Election ballot. The complaint seemed to imply that Plaintiff was U.S. President at one point and that Plaintiff attempted to bring criminal charges against former U.S. presidents Bill Clinton and George W. Bush for alleged war crimes. In terms of relief, Plaintiff asked the court to restart the 2020 Presidential Election, to return stolen P.A.C. money, and to return stolen land money purchased with P.A.C. money. This case was assigned to Judge Myron Herbert Thompson.

On January 6, 2021, Plaintiff filed a motion to direct the court clerk to send out a receipt in reference to Plaintiff's filing fee in the lawsuit, as well as a motion to serve the complaint and summons on Defendants. The court, in an order dated January 11, 2021, declared these motions moot as the clerk of the court automatically provides a receipt upon payment of the filing fee and that the clerk issued a copy of the summons to Defendants. Additionally, Defendants, on January 29, 2021, moved to dismiss the complaint, or in the alternative, for a more definite statement. Specifically, Defendants moved to dismiss for Plaintiff's failure to state a claim and for a lack of standing due to no injury suffered on the part of Plaintiff/ In the alternative, Defendants asked the court to order Plaintiff to provide more specific details in his complaint.

On March 5, 2021, Plaintiff moved to amend his complaint, attaching a copy of a proposed amended complaint. The proposed amended complaint plead that Defendants discriminated against Plaintiff due to his race. Plaintiff alleged that this racial discrimination caused Defendants to keep Plaintiff off of the 2020 Presidential ballot. On March 11, 2021, Defendants moved to dismiss Plaintiff's motion to amend. Defendants argued that Plaintiff's proposed amended complaint fell short of legal adequacy, with no facts to support a racial discrimination claim.

On April 27, 2021, the court filed an order in response to multiple lawsuits filed by Plaintiff against Defendants, ruling on consolidating multiple cases into one lead case (No. 2:20-CV-922-MHT-KFP), also ordering Plaintiff to file one main Amended Complaint. On May 17, 2021, Plaintiff filed a motion for an order to appoint him legal counsel. The current case was dismissed. In the lead case, the court denied Plaintiff's motion to appoint counsel two days later on May 19, 2021.Specifically, the judge ruled that the case was not so complex that appointing counsel for the Plaintiff was required.

On June 11, 2021, the court ruled that Plaintiff's failure to file an amended complaint warranted dismissal of the consolidated cases. The court, by judgment, dismissed the cases without prejudice. Following this decision, Plaintiff filed a notice of appeal on June 28, 2021 for an alleged failure to allow Plaintiff to participate a pro se assistance program, and for failure to overturn the 2020 election results. Ultimately the appeal was dismissed, on December 17, 2021, because Plaintiff failed to file an appeal brief. For more detail on the litigation, see Sanders v. Merrill.

The case is now closed.

Summary Authors

Vyacheslav Kashuk (12/1/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/29088712/parties/sanders-v-merrill-magmember/

Judge(s)

Thompson, Myron Herbert (Alabama)

Judge(s)

Thompson, Myron Herbert (Alabama)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:21-cv-00007	Complaint	Jan. 4, 2021	Jan. 4, 2021 Complaint
8 2:21-cv-00007	Order Sanders V. Merrill	Jan. 11, 2021	Jan. 11, 2021 Order/Opinion
11 2:21-cv-00007	State Defendants' Motion to Dismiss the Complaint or, In the Alternative, For a More Definitive Statement	Jan. 29, 2021	Jan. 29, 2021 Pleading / Motion / Brief
23 2:21-cv-00007	Order	Feb. 19, 2021	Feb. 19, 2021 Order/Opinion
24 2:21-cv-00007	Motion to Amend Complaint	March 5, 2021	March 5, 2021 Pleading / Motion / Brief
26 2:21-cv-00007	State Defendants' Opposition to Plaintiffs' Motion to Amend Complaint (Doc. 24) Sanders V. Merrill	March 11, 2021	March 11, 2021 Pleading / Motion / Brief
27 2:21-cv-00007	Order Sanders V. Merrill	April 27, 2021	April 27, 2021 Order/Opinion
28 2:21-cv-00007	Motion for Appointment of Council Sanders V. Merrill	May 17, 2021	May 17, 2021 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/29088712/sanders-v-merrill-magmember/

Last updated Nov. 3, 2026, 4:34 a.m.

Docket for: Sanders v. Merrill (MAG+)(MEMBER)

ECF Number	Date	Description	Link
1	Jan. 4, 2021	COMPLAINT against Kay Ivey, John H. Merrill, filed by Jarmal Jabbar Sanders. (Filing fee $402.00 receipt number 4602060792.) (Attachments: # 1 Civil Appeals Checklist, # 2 Receipt)(am, ) (Entered: 01/07/2021) 1 Civil Appeals Checklist View on RECAP 2 Receipt View on RECAP	Clearinghouse
2	Jan. 4, 2021	Conflict Disclosure Statement by Jarmal Jabbar Sanders. (am, ) (Entered: 01/07/2021)	RECAP
	Jan. 4, 2021	Jury Demand
	Jan. 4, 2021	DEMAND for Trial by Jury by Jarmal Jabbar Sanders. (NO PDF - see doc 1 ) (am, )
4	Jan. 6, 2021	MOTION to Direct Court Clerk to Send out a Receipt by Jarmal Jabbar Sanders. (am, ) (Entered: 01/07/2021)	RECAP
5	Jan. 6, 2021	MOTION to Serve the Complaint & Summons on the Defendants by Jarmal Jabbar Sanders. (am, ) Modified on 1/7/2021 to correct file date(am, ). (Entered: 01/07/2021)	RECAP
3	Jan. 7, 2021	ORDER: For good cause shown, it is ORDERED that, pursuant to 28 U.S.C. 636, this case is referred to the United States Magistrate Judge for consideration and disposition or recommendation on all pretrial matters as may be appropriate. Signed by Honorable Judge Myron H. Thompson on 1/7/2021. (am, ) (Entered: 01/07/2021)	RECAP
6	Jan. 7, 2021	Summons Issued as to Kay Ivey, John H. Merrill; mailed CMRRR with copy of 1 Complaint. (wcl, ) (Entered: 01/07/2021)	RECAP
7	Jan. 8, 2021	MOTION to overturn election results certified by the Alabama canvassing board pertaining to 2020 U.S. Presidential election by Jarmal Jabbar Sanders. (djy, ) (Entered: 01/08/2021)	RECAP
8	Jan. 11, 2021	ORDER: DENYING as moot the 4 Motion to Direct Court Clerk to Send out Receipt & 5 Motion to Serve the Complaint and Summons on Defendants. Signed by Honorable Judge Stephen Michael Doyle on 1/11/2021. (am, ) (Entered: 01/11/2021)	Clearinghouse
9	Jan. 13, 2021	Return Receipt Card showing service of Summons & 1 Complaint signed by illegible for Kay Ivey served on 1/11/2021, answer due 2/1/2021. (am, ) (Entered: 01/13/2021)	RECAP
10	Jan. 19, 2021	Return Receipt Card showing service of Summons & Complaint signed by illegible for John H. Merrill served on 1/12/2021, answer due 2/2/2021. (am, ) (Entered: 01/20/2021)	RECAP
11	Jan. 29, 2021	MOTION to Dismiss the Complaint (Doc. 1 ) for failure to state a claim or, in the alternative, for a More Definite Statement by Kay Ivey, John H. Merrill. (Sinclair, Winfield) Modified on 1/29/2021 to create link and reflect actual title. (dmn, ) (Entered: 01/29/2021)	Clearinghouse
12	Jan. 29, 2021	NOTICE of Appearance by Misty Shawn Fairbanks Messick on behalf of Kay Ivey, John H. Merrill (Messick, Misty) (Entered: 01/29/2021)	RECAP
13	Jan. 29, 2021	Corporate/Conflict Disclosure Statement by Kay Ivey. (Messick, Misty) (Entered: 01/29/2021)	RECAP
14	Jan. 29, 2021	Corporate/Conflict Disclosure Statement by John H. Merrill. (Messick, Misty) (Entered: 01/29/2021)	RECAP
15	Jan. 29, 2021	ORDER: Upon consideration of Plaintiff's Motion to Overturn Election Results (Doc. 7 ), it is ORDERED that, on or before 2/12/2021, Defendants shall SHOW CAUSE, if any there be, why the Motion should not be granted. Plaintiff may file a reply on or before 2/19/2021. Upon consideration of Defendants' Motion to Dismiss, or in the alternative, Motion for a More Definite Statement (Doc. 11 ), it is ORDERED that, on or before 2/12/2021, Plaintiff shall SHOW CAUSE, if any there be, why the Motion should not be granted. Defendants may file a reply on or before 2/19/2021. Signed by Honorable Judge Stephen Michael Doyle on 1/29/2021. Copy mailed CMRRR to Plaintiff. (dmn, ) Modified on 1/29/2021 to include mailed CMRRR text. (dmn, ) (Entered: 01/29/2021)	RECAP
	Jan. 29, 2021	Motion for More Definite Statement
	Jan. 29, 2021	Alternative MOTION for More Definite Statement by Kay Ivey, John H. Merrill. (dmn, ) (no pdf, see Doc. 11 for pdf)
	Jan. 29, 2021	More Definite Statement
16	Feb. 1, 2021	Conflict Disclosure Statement by Jarmal Jabbar Sanders. (am, ) (Entered: 02/02/2021)	RECAP
17	Feb. 1, 2021	MOTION to to Participate in the Pro Se Assistance Program by Jarmal Jabbar Sanders. (am, ) (Entered: 02/02/2021)	RECAP
18	Feb. 1, 2021	INFORMATION of the pro se party for Participation in the Pro Se Assistance Program by Jarmal Jabbar Sanders. (am, ) (Entered: 02/02/2021)	RECAP
19	Feb. 1, 2021	DECLARATION of the pro se party to Participate in the Pro Se Assistance Program by Jarmal Jabbar Sanders. (am, ) (Entered: 02/02/2021)	RECAP
20	Feb. 3, 2021	RETURN RECEIPT CARD showing service of 15 Order, signed by J Sanders for Jarmal Jabbar Sanders, served on 2/1/2021. (am, ) Modified on 2/3/2021 to correct the Order number (am, ). (Entered: 02/03/2021)	RECAP
21	Feb. 11, 2021	RESPONSE to 15 ORDER & 7 Opposition to MOTION to overturn election results, by Kay Ivey, John H. Merrill. (Sinclair, Winfield) Modified on 2/11/2021 to clarify text as reflected in pleading(am, ). (Entered: 02/11/2021)	RECAP
22	Feb. 19, 2021	REPLY in Support of 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kay Ivey, John H. Merrill. (Sinclair, Winfield) Modified on 2/19/2021 to reflect as reply (am, ). (Entered: 02/19/2021)	RECAP
23	Feb. 19, 2021	ORDER denying 17 Motion to Participate in the Pro Se Assistance Program, as further set out in order. Signed by Honorable Judge Stephen Michael Doyle on 2/19/2021. (wcl, ) (Entered: 02/19/2021)	Clearinghouse
24	March 5, 2021	MOTION to Amend 1 Complaint by Jarmal Jabbar Sanders. (Attachments: # 1 Proposed Amended Complaint)(am, ) (Entered: 03/08/2021) 1 Proposed Amended Complaint View on RECAP	Clearinghouse
25	March 9, 2021	ORDER TO SHOW CAUSE by Dfts, if any there be, as to why the 24 Motion to Amend Complaint should not be granted; Show Cause Response due by 3/16/2021. Signed by Honorable Judge Stephen Michael Doyle on 3/9/2021. (wcl, ) (Entered: 03/09/2021)	RECAP
26	March 11, 2021	RESPONSE in Opposition re 24 MOTION to Amend/Correct 1 Complaint filed by Kay Ivey, John H. Merrill. (Sinclair, Winfield) (Entered: 03/11/2021)	Clearinghouse
27	April 27, 2021	ORDER: it is ORDERED: 1) Sanders v. Merrill, Case No. 2:20-CV-1061-MHT-KFP, is consolidated with Sanders v. Merrill, Case No. 2:20-CV-922-MHT-KFP, for all further proceedings; 2) Sanders v. Merrill, Case No. 2:21-CV-07-MHT-KFP, is consolidated with Sanders v. Merrill, Case No. 2:20-CV-922-MHT-KFP, for all further proceedings; 3) Sanders v. Merrill, Case No. 2:20-CV-922-MHT-KFP, is designated as the lead case; 4) The filing fee paid in Sanders v. Merrill, Case No. 2:21-CV-07-MHT-KFP, will be applied to the lead case; 5) Plaintiff's Motion to be Allowed to Pay Filing Fee (Doc. 12 in 2:20-CV-922-MHT-KFP) is DENIED as moot; 6) After entry of this Order, all documents filed in the consolidated cases will be filed and docketed only in Case No. 2:20-CV-922-MHT-KFP; DIRECTING the Clerk to take all steps necessary to transfer the filing fee paid in Case No. 2:21-CV-07-MHT-KFP to Case No. 2:20-CV-922-MHT-KFP and to file this Order in each of the above cases; also DIRECTING the Clerk not to serve the unserved Defendants with a copy of a Complaint previously filed by Plaintiff in the consolidated cases; The Court will enter a separate Order directing Plaintiff to file one amended complaint that applies to all Defendants in this consolidation action. Signed by Honorable Judge Kelly F. Pate on 4/27/2021.(amf, ) (Entered: 04/27/2021)	Clearinghouse
	April 27, 2021	Motions No Longer Referred
	April 27, 2021	Motions No Longer Referred to Honorable Judge Stephen Michael Doyle: MOTION for More Definite Statement, 24 MOTION to Amend/Correct 1 Complaint, 7 MOTION to overturn election results certified by the Alabama canvassing board pertaining to 2020 U.S. Presidential election, 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (NO PDF attached to this entry) (am, )
	April 27, 2021	Case Assigned/Reassigned
	April 27, 2021	Case reassigned to Honorable Judge Kelly F. Pate, as referral judge; Honorable Judge Stephen Michael Doyle no longer assigned to the case as referral judge. (NO PDF attached to this entry) (am, )
28	May 17, 2021	(STRICKEN AS AN ERRONEOUS DOCKET ENTRY AND DOCKETED IN THE LEAD CASE) MOTION for Appointment of Council by Jarmal Jabbar Sanders. (am, ) Modified on 5/19/2021 (am, ). (Entered: 05/19/2021)	Clearinghouse
29	May 19, 2021	NOTICE of Error re 28 MOTION to Appoint Counsel which is hereby STRICKEN as an erroneous docket entry; docket entries should be made in the lead case. (am, ) (Entered: 05/19/2021)	RECAP