Case: Milby v. Office of the Federal Registrar

3:17-cv-00590 | U.S. District Court for the Eastern District of Virginia

Filed Date: Oct. 6, 2017

Closed Date: June 11, 2019

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Case Summary

This is a case alleging the unconstitutionality of the electoral college.  Plaintiff, a voter in the state of Virginia, filed a Complaint in the United States District Court for the Eastern District of Virginia against defendant, the Office of the Federal Registrar (“Defendant”), on October 6, 2017, alleging the unconstitutionality of the electoral college system in determining the president of the United States.  (Complaint, ECF #3).  The Complaint was framed as a general “constitutional quest…

This is a case alleging the unconstitutionality of the electoral college. 

Plaintiff, a voter in the state of Virginia, filed a Complaint in the United States District Court for the Eastern District of Virginia against defendant, the Office of the Federal Registrar (“Defendant”), on October 6, 2017, alleging the unconstitutionality of the electoral college system in determining the president of the United States.  (Complaint, ECF #3).  The Complaint was framed as a general “constitutional question challenge” that asserted the electoral college dilutes votes in certain states, undermines the concept of one person-one vote, and violates the Equal Protection and Due Process clauses of the Constitution.  Plaintiff’s complaint sought declaratory and injunctive relief, moving the court to rule the electoral college unconstitutional and, in its place, impose a popular vote structure in presidential elections.

On the same day Plaintiff filed the Complaint, the Eastern District of Virginia, sua sponte, dismissed the Complaint without prejudice, and with leave to amend, ruling that Plaintiff had failed to plead facts establishing that the court had subject matter jurisdiction over the case.  The court held that, even taking the facts pled in the Complaint as true, Plaintiff failed to assert that any injury was traceable to Defendant’s conduct. Plaintiff therefore lacked standing, and the court lacked subject matter jurisdiction over the case. The court granted Plaintiff leave to file an amended complaint by October 20, 2017.

On October 19, 2017, Plaintiff appealed the Eastern District of Virginia’s October 6 Order to the United States Court of Appeals for the Fourth Circuit (No. 17-2234). The Fourth Circuit dismissed Plaintiff’s appeal for lack of jurisdiction and remanded to the Eastern District with instructions to allow Plaintiff to amend his complaint. As in its October 6, 2017 Order, on May 10, 2018, the Eastern District of Virginia granted Plaintiff leave to file an amended complaint, with a deadline of May 24, 2018.

On May 31, 2018, the Eastern District of Virginia dismissed Plaintiff’s case with prejudice, as Plaintiff did not file an amended complaint. Plaintiff appealed the dismissal, and on June 11, 2019, the Fourth Circuit affirmed the Eastern District’s dismissal (No. 19-1038).

The case is closed.

Summary Authors

Jordan Kass (6/3/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14488156/parties/milby-v-office-of-the-federal-registrar/


Judge(s)

Lauck, Mary Hannah (Virginia)

Attorney for Plaintiff

Milby, Zebedee (Virginia)

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Documents in the Clearinghouse

Document
2

3:17-cv-00590

Memorandum Order

Milby v. Office of The Federal Registrar

Oct. 6, 2017

Oct. 6, 2017

Order/Opinion

2017 WL 6403111

3

3:17-cv-00590

Constitutional Challenge

Milby v. Office of The Federal Registrar

Oct. 6, 2017

Oct. 6, 2017

Complaint
4

3:17-cv-00590

Notice of Appeal

Milby v. Office of The Federal Registrar

Oct. 19, 2017

Oct. 19, 2017

Pleading / Motion / Brief
6

3:17-cv-00590

Opinion

Milby v. Office of The Federal Registrar

U.S. Court of Appeals for the Fourth Circuit

Feb. 16, 2018

Feb. 16, 2018

Order/Opinion

711 Fed.Appx. 175

13

3:17-cv-00590

Order

Milby v. Office of The Federal Registrar

May 10, 2018

May 10, 2018

Order/Opinion
14

3:17-cv-00590

Motion for Relief From Judgment/Mandate

Milby v. Office of The Federal Registrar

May 29, 2018

May 29, 2018

Pleading / Motion / Brief
15

3:17-cv-00590

Final Order

Milby v. Office of The Federal Registrar

May 31, 2018

May 31, 2018

Order/Opinion
16

3:17-cv-00590

Renewed Motion for Relief

Milby v. Office of The Federal Registrar

June 20, 2018

June 20, 2018

Pleading / Motion / Brief
18

3:17-cv-00590

Memorandum of Order

Milby v. Office of The Federal Registrar

Oct. 12, 2018

Oct. 12, 2018

Order/Opinion

2018 WL 10730771

19

3:17-cv-00590

Notice of Appeal

Milby v. Office of The Federal Registrar

Oct. 30, 2018

Oct. 30, 2018

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14488156/milby-v-office-of-the-federal-registrar/

Last updated Aug. 8, 2025, 7:35 a.m.

ECF Number Description Date Link Date / Link
1

Application to Proceed in District Court Without Prepaying Fees or Costs by Zebedee Milby. (Attachments: # 1 Complaint (Received), # 2 Pro Se Certification) (nbrow) (Entered: 08/25/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
2

MEMORANDUM ORDER granting 1 Motion for Leave to Proceed in forma pauperis. Milby may proceed in this case without payment of the Court's filing fee. The Court DIRECTS the Clerk to file the Complaint. Even taking all the facts in Milby's Complaint as true, Milby fails to plead facts that establish that this Court has subject-matter jurisdiction over his claims against Defendant the Office of the Federal Registrar. Accordingly, the Court DISMISSES his Complaint WITHOUT PREJUDICE. The Court GRANTS Milby leave to file an amended complaint. Milby shall file his amended complaint not later than close of business October 20, 2017. See for complete details. It is so ORDERED. Signed by District Judge M. Hannah Lauck on 10/06/2017. (mailed copy to pro se Plaintiff) (nbrow) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

Clearinghouse
3

COMPLAINT against Office of the Federal Registrar, filed by Zebedee Milby. (Attachment: # 1 Pro Se Certification) (nbrow) (Entered: 10/06/2017)

1 Pro Se Certification

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Oct. 6, 2017

Oct. 6, 2017

Clearinghouse
4

NOTICE OF INTERLOCUTORY APPEAL as to 2 Memorandum Order, by Zebedee Milby. (no fee received) (nbrow) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

Clearinghouse
5

Transmission of Notice of Appeal to US Court of Appeals re 4 Notice of Interlocutory Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (lgar, ) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER

Assembled INITIAL Electronic Record Transmitted to 4CCA re 4 Notice of Interlocutory Appeal (lgar, )

Oct. 20, 2017

Oct. 20, 2017

PACER

USCA Case Number 17-2234, Case Manager EMusser for 4 Notice of Interlocutory Appeal filed by Zebedee Milby. (lgar, )

Oct. 20, 2017

Oct. 20, 2017

PACER
6

Opinion of USCA re 4 Notice of Interlocutory Appeal : Dismissed and remanded by unpublished per curiam opinion. (lbre, ) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

Clearinghouse
7

USCA JUDGMENT as to 4 Notice of Interlocutory Appeal filed by Zebedee Milby : In accordance with the decision of this court, this appeal is dismissed. This case is remanded to the district court for further proceedings consistent with the court's decision. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (lbre, ) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER
8

ORDER that in accordance with the Fourth Circuit's instructions, the Court ORDERS the following: 1. The Court GRANTS Milby leave to file an amended complaint. Milby shall file his amended complaint no later than close of business March 7, 2018; and, 2. The amended complaint SHALL COMPLY with the following directions (please see Order for additional information.) 3. The failure to comply strictly with the requirements set forth above will result in dismissal of the action WITH PREJUDICE. See Fed. R. Civ. P. 41 (b). It is so ORDERED. Signed by District Judge M. Hannah Lauck on 02/21/2018. Copy mailed to Plaintiff. (walk, ) (Entered: 02/21/2018)

Feb. 21, 2018

Feb. 21, 2018

Clearinghouse
9

NOTICE of Admonishment by Zebedee Milby re: 2 Memorandum Order; 7 USCA Judgment. (Attachment: # 1 Local Rule 83.1(M) Certification Form). sbea, ) (Entered: 03/07/2018)

1 Local Rule 83.1(M) Certification Form

View on PACER

March 7, 2018

March 7, 2018

PACER
10

USCA STAY OF MANDATE re 4 Notice of Interlocutory Appeal : In accordance with Fed. R. App. P. 41(d)(1), the mandate is stayed pending further order of this court. (lbre, ) (Entered: 03/09/2018)

March 8, 2018

March 8, 2018

PACER
11

ORDER of USCA as to 4 Notice of Interlocutory Appeal filed by Zebedee Milby : The court denies the petition for rehearing. (lbre, ) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
12

USCA Mandate re 4 Notice of Interlocutory Appeal : The judgment of this court, entered February 16, 2018, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (lbre, ) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
13

ORDER in accordance with the Fourth Circuit's instructions, the Court GRANTS Milby leave to file an amended complaint. Milby shall file his amended complaint no later than close of business May 24, 2018. See Order for complete details. The failure to comply strictly with the requirements will result in dismissal of the action WITH PREJUDICE. See Fed. R. Civ.P.4l(b). It is so ORDERED. Signed by District Judge M. Hannah Lauck on 5/10/2018. Order was mailed to pro se plaintiff. (sbea, ) (Entered: 05/10/2018)

May 10, 2018

May 10, 2018

Clearinghouse
14

MOTION for Relief From Judgment/Mandate FRCP Rule 60(b) by Zebedee Milby re: 2 Memorandum Order and 7 USCA Judgment. (sbea, ) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

Clearinghouse
15

FINAL ORDER. The Court DENIES AS MOOT the Motion 14 because Milby has failed to comply with the orders of this Court by not timely filing an amended complaint, the Court DISMISSES his case WITH PREJUDICE. Plaintiff advised of his right to appeal within thirty (30) days of the date of entry hereof. SEE ORDER FOR DETAILS. Signed by District Judge M. Hannah Lauck on 05/31/2018. (Copy mailed to Plaintiff Milby). (smej, ) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

Clearinghouse
16

RENEWED MOTION for Relief from/Arrest of Judgement by Zebedee Milby. (Attachments: # 1 Exhibit A, # 2 Exhibit B). (smej, ) (Entered: 06/20/2018)

1 Exhibit A

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2 Exhibit B

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June 20, 2018

June 20, 2018

Clearinghouse
17

Letter received on 10/02/2018 from Zebedee Milby regarding status of Renewed Motion 16 . (Attachments: # 1 Local Rule 83.1) (smej, ) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
18

MEMORANDUM ORDER that this matter comes before the Court on Plaintiff Zebedee Milby's Renewed Motion for Relief From/ Arrest of Judgment Federal Rule of Civil Procedure 60(b) (the "Renewed Motion"), (ECF No. 16 ), and his October 2, 2018 Letter entitled "Motion/Inquiry" (the "Letter"), (ECF No. 17 ). As a part of the Renewed Motion, Milby renews his May 29, 2018 Motion for Relief from Judgment/Mandate Federal Rule of Civil Procedure Rule 60(b) (the "May 29, 2018 Motion"). (ECF No. 14 .) For the reasons that follow, the Court DENIES Milby's Renewed Motion (please see Memorandum Order for additional information.) It is so ORDERED. Signed by District Judge M. Hannah Lauck on 10/12/2018. Copy mailed to Plaintiff. (walk, ) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

Clearinghouse
19

NOTICE OF APPEAL as to Memorandum Order 18 by Zebedee Milby. (Attachments: # 1 Local Rule 83.1) (smej, ) (Entered: 10/30/2018)

1 Local Rule 83.1

View on PACER

Oct. 30, 2018

Oct. 30, 2018

Clearinghouse

Assembled INITIAL Electronic Record Transmitted to 4CCA re 19 Notice of Appeal. (lbre, )

Oct. 31, 2018

Oct. 31, 2018

PACER
20

Letter received on 01/07/2019 from Zebedee Milby regarding "Motion/Inquiry." (smej, ) (Entered: 01/08/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
21

Transmission of Notice of Appeal to US Court of Appeals re 19 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (lbre, ) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER

Reassembled INITIAL Electronic Record Transmitted to 4CCA re 19 Notice of Appeal (lbre, )

Jan. 9, 2019

Jan. 9, 2019

PACER

USCA Case Number 19-1038, USCA Case Manager A.Walker for 19 Notice of Appeal filed by Zebedee Milby. (lbre, )

Jan. 10, 2019

Jan. 10, 2019

PACER
22

Opinion of USCA re 19 Notice of Appeal : Affirmed by unpublished per curiam opinion. (lbre, ) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

Clearinghouse
23

USCA JUDGMENT as to 19 Notice of Appeal filed by Zebedee Milby : In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (lbre, ) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

Clearinghouse
24

USCA Mandate re 19 Notice of Appeal : The judgment of this court, entered June 11, 2019, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (lbre, ) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 6, 2017

Closing Date: June 11, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Pro se individual voter

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Office of the Federal Registrar, Federal

Case Details

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Vote dilution