Case: Thistle v. La Rose

3:21-cv-01414 | U.S. District Court for the Southern District of California

Filed Date: Aug. 6, 2021

Closed Date: Sept. 13, 2021

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Case Summary

On August 6, 2021, plaintiff, a prospective congressional candidate residing in southern California filed this action pro se against the Secretary of State of Ohio, alleging Ohio violated the plaintiff's constitutional rights because of an ambiguity related to candidate residency requirements set forth in an Ohio candidate registration form. Plaintiff alleged no specific causes of action. On September 13, 2021, the Southern District of California granted the Plaintiff's motion to proceed in Pr…

On September 13, 2021, the Southern District of California granted the Plaintiff's motion to proceed in Pro Forma Pauperis, but dismissed plaintiff's complaint without prejudice, noting that the plaintiff had failed to allege an injury in fact and thus failed to satisfy standing. The court permitted the plaintiff to file an amended complaint within 45 days.

On December 8, 2022, plaintiff filed a complaint of judicial misconduct against Judge Janis Sanmarino, claiming that the dismissal of his complaint was a "failure to uphold the Constitution" that amounted to an act of "domestic terrorism."

As of December 2024, there has been no further action on this case.

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Summary Authors

Garrett Peery (5/27/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60116730/parties/thistle-v-la-rose/

Judge(s)

Sammartino, Janis Lynn (California)

Attorney for Plaintiff

Thistle, David John (California)

Judge(s)

Sammartino, Janis Lynn (California)

Attorney for Plaintiff

Thistle, David John (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 3:21-cv-01414	Complaint	Aug. 6, 2021	Aug. 6, 2021 Complaint
1-1 3:21-cv-01414	Civil Cover Sheet	Aug. 6, 2021	Aug. 6, 2021 Pleading / Motion / Brief
3 3:21-cv-01414	Order (1) Granting Motion to Proceed in Forma Pauperis; and (2) Dismissing Complaint Without Prejudice	Sept. 13, 2021	Sept. 13, 2021 Order/Opinion 2021 WL 4150381
4 3:21-cv-01414	Complaint of Judicial Misconduct or Disability	Dec. 8, 2022	Dec. 8, 2022 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/60116730/thistle-v-la-rose/

Last updated Aug. 9, 2025, 9:48 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Frank La Rose, IFP Filed, filed by David John Thistle. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:21-cv-1414-JLS-MDD. Judge Janis L. Sammartino and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Thistle, David)(smd) (sjt). (Entered: 08/06/2021) 1 Civil Cover Sheet View on RECAP	Aug. 6, 2021	Aug. 6, 2021 Clearinghouse
2	MOTION for Leave to Proceed in forma pauperis by David John Thistle. (smd) (sjt). (Entered: 08/06/2021)	Aug. 6, 2021	Aug. 6, 2021 PACER
3	Order (1) Granting Motion to Proceed In Forma Pauperis; and (2) Dismissing Complaint without Prejudice (ECF No. 2 ). Plaintiff MAY FILE an amended complaint that adequately alleges Plaintiffs standing within forty-five(45) days of the date on which this Order is electronically docketed. Should Plaintiff fail to file an amended complaint within the time provided, the Court will enter a final order dismissing this civil action with prejudice. Signed by Judge Janis L. Sammartino on 9/13/21. (All non-registered users served via U.S. Mail Service)(jmo) (Entered: 09/13/2021)	Sept. 13, 2021	Sept. 13, 2021 Clearinghouse
4	NOTICE of Complaint by David John Thistle (All non-registered users served via U.S. Mail Service)(ave) (Entered: 12/09/2022)	Dec. 8, 2022	Dec. 8, 2022 RECAP