Case: Cepeda v. State of Florida

1:17-cv-11835 | U.S. District Court for the District of Massachusetts

Filed Date: Sept. 25, 2017

Closed Date: May 24, 2018

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Case Summary

On June 25, 2013, the United States Supreme Court struck down Section 4 of the Voting Rights Act of 1965 in Shelby County v. Holder. Section 5 of the Voting Rights Act requires certain covered jurisdictions to obtain approval from federal authorities in Washington, D.C. before changing voting procedures. Section 4 of the Voting Rights Act defined these covered jurisdictions as ones that had a voting device or test in the 1960s or early 1970s and had lower voter turnout or registration in the 19…

On June 25, 2013, the United States Supreme Court struck down Section 4 of the Voting Rights Act of 1965 in Shelby County v. Holder. Section 5 of the Voting Rights Act requires certain covered jurisdictions to obtain approval from federal authorities in Washington, D.C. before changing voting procedures. Section 4 of the Voting Rights Act defined these covered jurisdictions as ones that had a voting device or test in the 1960s or early 1970s and had lower voter turnout or registration in the 1960s and early 1970s. The Supreme Court ruled that the formula in Section 4 could no longer be used as a basis for requiring federal pre-approval of voting changes. 

On September 25, 2017, one individual resident of Florida, temporarily living in Revere, Massachusetts due to displacement from Hurricane Irma, filed suit in the United States District Court for the District of Massachusetts, claiming that Florida's Voter ID law violated the United States Constitution. Plaintiff was a pro se litigant. The case was assigned to Judge Allison D. Burroughs.

Plaintiff alleged Florida's Voter ID law violated the United States Constitution because. in order to vote in the 2016 Democratic Primary and General Election in Florida, Plaintiff was required to either (1) obtain a Florida ID, which required a new social security card, a copy of Plaintiff's birth certificate, and other documents to prove residency, or (2) bring other paperwork along with his Massachusetts ID to the polls. 

On the same day the case was filed, the court issued a summons, advising Plaintiff to complete it for Defendant and serve it in accordance with Rule 4 of the Federal Rules of Civil Procedure.

On May 2, 2018, the court issued an electronic order noting that Plaintiff had not filed any proof of service and Defendant had not appeared. Citing Rule 4 of the Federal Rules of Civil Procedure, which requires the court, on motion or on its own after notice to the plaintiff, to either (i) dismiss an action without prejudice or (ii) order service to be completed within a specified time if a defendant is not served within 90 days of the complaint being filed, the Court ordered Plaintiff to show cause, in writing, by May 16, 2018, explaining why the case should not be dismissed for failure to effect timely service. 

On May 24, 2018, the court dismissed Plaintiff's case without prejudice because Plaintiff failed to file proof that Defendant was served.

Summary Authors

Anna Jones (7/9/2025)

Related Cases

Cepeda v. State of Florida, Northern District of Florida (None)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13435719/parties/roberto-cereda-v-state-of-florida/


Judge(s)

Burroughs, Allison Dale (Massachusetts)

Attorney for Plaintiff

Cepeda, Roberto (Massachusetts)

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Documents in the Clearinghouse

Document
1

1:17-cv-11835

Complaint

Sept. 25, 2017

Sept. 25, 2017

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13435719/roberto-cereda-v-state-of-florida/

Last updated Oct. 25, 2025, 2:26 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against State of Florida, filed by Roberto Cereda. (Attachments: # 1 Civil Cover Sheet)(Halley, Taylor) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

Clearinghouse
2

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Halley, Taylor) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER
3

Summons Issued as to State of Florida. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Halley, Taylor) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

Clearinghouse
4

Filing fee/payment: $400.00, receipt number 1BST064572 for 1 Complaint (Coppola, Katelyn) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER
5

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff filed the complaint on September 25, 2107 and summons were issued the same day, but Plaintiff has yet to file any proof of service, nor have any Defendants appeared. "If a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time." Fed. R. Civ. P. 4. Therefore, Plaintiff is hereby ORDERED to show cause, in writing, by May 16, 2018, as to why this case should not be dismissed for failure to make timely service. (Folan, Karen) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER
6

Copy re 5 Order, mailed to Plaintiff on 5/2/18. (Folan, Karen) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER
7

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Consistent with the Court's May 2, 2018 order ECF No. 5, this case is hereby DISMISSED without prejudice due to Plaintiff's failure to file proof that he served Defendants. (McDonagh, Christina) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 25, 2017

Closing Date: May 24, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A resident of Florida, temporarily living in Suffolk County, Massachusetts at the time due to Hurricane Irma, who was required to provide certain documentation, under Florida's Voter ID law, to vote in the 2016 Presidential primary election and General Election.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Florida, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Constitutional Clause(s):

Equal Protection

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Voter ID