Case: Janvier v. Cowles

6:17-cv-01001 | U.S. District Court for the Middle District of Florida

Filed Date: June 2, 2017

Closed Date: May 25, 2018

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Case Summary

This is a case about the voter eligibility of individuals convicted of misdemeanor crimes in Florida. On June 2, 2017, pro se plaintiff, a member of the Black caucus in Orange County, Florida, filed a lawsuit against the Orange County Elections Supervisor, in the United States District Court Middle District of Florida, in front of District Judge Paul G. Byron. The plaintiff sought to challenge his exclusion from the voter rolls, claiming that a prior misdemeanor conviction for attempting to ca…

This is a case about the voter eligibility of individuals convicted of misdemeanor crimes in Florida.

On June 2, 2017, pro se plaintiff, a member of the Black caucus in Orange County, Florida, filed a lawsuit against the Orange County Elections Supervisor, in the United States District Court Middle District of Florida, in front of District Judge Paul G. Byron. The plaintiff sought to challenge his exclusion from the voter rolls, claiming that a prior misdemeanor conviction for attempting to carry a concealed firearm did not disqualify him from voting under Florida law. He argued that, under Florida law, misdemeanor convictions do not bar an individual from voting. The plaintiff filed his complaint alongside a motion to proceed in forma pauperis, seeking to pursue the case without paying court fees.

On June 13, 2017, the court filed a report and recommendation that the plaintiff's motion to proceed in forma pauperis be denied and the case be dismissed without prejudice. On June 29, the court adopted this report and dismissed the case with prejudice, allowing the plaintiff to file an amended complaint and motion to proceed in forma pauperis within 21 days. The court cited the complaint's failure to establish the Court’s jurisdiction, allege sufficient facts or law demonstrating the plaintiff's entitlement to relief, and lack of a demand for relief.

Plaintiff's amended complaint, filed on July 3, 2017, sought relief under the Voting Rights Act of 1965 and the Fifteenth Amendment. He asserted that, despite his prior misdemeanor conviction, he retained the right to vote. The plaintiff contended that his conviction should be classified as a misdemeanor, which under Florida law, does not result in the loss of voting rights. He requested that the Court order the reinstatement of his voter registration in the Statewide Voter Registration System, claiming he had been wrongly excluded from the voter rolls.

The defendant filed a motion to dismiss for lack of jurisdiction on May 11, 2018. The defendant argued that the case involved a state law issue concerning Florida statutes on voter eligibility, rather than a federal question. Specifically, the defendant contended that the plaintiff’s challenge regarding the classification of his conviction as a misdemeanor was a matter to be addressed in state court, not federal court. Therefore, the defendant requested the case be dismissed from federal court, urging the plaintiff to seek redress in state court.

In response to the defendant’s motion, the plaintiff filed a voluntary dismissal of the case on May 21, 2018. On May 25, 2018, the Court granted this dismissal without prejudice, effectively ending the federal case while preserving the plaintiff’s ability to seek resolution in state court if he chose.

The case is now closed.

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Summary Authors

Jessica Santacroce (12/31/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6106273/parties/janvier-v-cowles/

Judge(s)

Irick, Daniel C. (Florida)

Attorney for Plaintiff

Janvier, John Peterson (Florida)

Attorney for Defendant

Shannin, Nicholas A. (Florida)

Judge(s)

Irick, Daniel C. (Florida)

Attorney for Plaintiff

Janvier, John Peterson (Florida)

Attorney for Defendant

Shannin, Nicholas A. (Florida)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 6:17-cv-01001	Complaint/Notice of Appeal	June 2, 2017	June 2, 2017 Complaint
4 6:17-cv-01001	Report and Recommendation	June 13, 2017	June 13, 2017 Magistrate Report/Recommendation 2017 WL 2821725
6 6:17-cv-01001	Order	June 29, 2017	June 29, 2017 Order/Opinion 2017 WL 2812659
7 6:17-cv-01001	Amended Complaint	July 3, 2017	July 3, 2017 Complaint
24 6:17-cv-01001	Case Management Report	Oct. 27, 2017	Oct. 27, 2017 Monitor/Expert/Receiver Report
29 6:17-cv-01001	Order	April 26, 2018	April 26, 2018 Order/Opinion
30 6:17-cv-01001	Defendant's Motion to Dismiss and Incorporated Memorandum of Law	May 11, 2018	May 11, 2018 Pleading / Motion / Brief
31 6:17-cv-01001	Plaintiff's Voluntary Dismissal	May 21, 2018	May 21, 2018 Pleading / Motion / Brief
34 6:17-cv-01001	Order	May 25, 2018	May 25, 2018 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6106273/janvier-v-cowles/

Last updated Jan. 30, 2025, 3:16 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Bill Cowles filed by John Peterson Janvier. (Attachments: # 1 Exhibit)(DMA) (Additional attachment(s) added on 6/6/2017: # 2 Civil Cover Sheet) (DMA). (Entered: 06/06/2017) 1 Exhibit View on RECAP 2 Civil Cover Sheet View on RECAP	June 2, 2017	June 2, 2017 Clearinghouse
2	MOTION for Leave to Proceed in forma pauperis by John Peterson Janvier. (DMA) Motions referred to Magistrate Judge Daniel C. Irick. (Entered: 06/06/2017)	June 2, 2017	June 2, 2017 Clearinghouse
3	RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 1. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 6/7/2017. (GNB) copies mailed (Entered: 06/07/2017)	June 7, 2017	June 7, 2017 RECAP
4	REPORT AND RECOMMENDATION re 2 MOTION for Leave to Proceed in forma pauperis filed by John Peterson Janvier. It is RECOMMENDED that the Motion be DENIED; and that the Complaint be DISMISSED without prejudice. The Clerk is directed to send a copy of this report and recommendation to Plaintiff by regular and certified mail. Signed by Magistrate Judge Daniel C. Irick on 6/13/2017. (RN)	June 13, 2017	June 13, 2017 Clearinghouse
5	NOTICE of pendency of related cases re 3 Related case order and track 1 notice per Local Rule 1.04(d) by John Peterson Janvier. Related case(s): yes (DMA) (Entered: 06/20/2017)	June 20, 2017	June 20, 2017 RECAP
6	ORDER adopting 4 REPORT AND RECOMMENDATIONS re 2 MOTION for Leave to Proceed in forma pauperis filed by John Peterson Janvier. The Application to Proceed in District Court without Prepaying Fees and Costs (Doc. 2) is DENIED. The Complain t (Doc. 1) is DISMISSED without prejudice. Plaintiff is granted leave to do the following no later than 21 days after the date of this Order:a. File an amended complaint; and b. File a renewed motion to proceed in forma pauperis or pay the full filin g fee. Plaintiff is admonished that failure to file an amended complaint and a renewed motion to proceed in forma pauperis or pay the full filing fee in the time provided may result in the case being dismissed. The Clerk is DIRECTED to send a copy of this report and recommendation to Plaintiff by regular and certified mail. Signed by Judge Paul G. Byron on 6/29/2017. (MMW)	June 29, 2017	June 29, 2017 Clearinghouse
7	AMENDED COMPLAINT against Bill Cowles filed by John Peterson Janvier. (Attachments: # 1 Attachments)(JP) (Entered: 07/03/2017) 1 Attachments View on RECAP	July 3, 2017	July 3, 2017 Clearinghouse
8	MOTION for Leave to Proceed in forma pauperis by John Peterson Janvier. (JP) Motions referred to Magistrate Judge Daniel C. Irick. (Entered: 07/03/2017)	July 3, 2017	July 3, 2017 PACER
9	ORDER granting 8 Motion for Leave to Proceed in forma pauperis. The Clerk is directed to provide the completed summons(es) and Marshal 285 form(s) to the United States Marshal. Signed by Magistrate Judge Daniel C. Irick on 7/10/2017. (RN) (Entered: 07/10/2017)	July 10, 2017	July 10, 2017 PACER
	Certified mail (70143490000032447295)returned as Undeliverable-Unclaimed re: 4 REPORT AND RECOMMENDATIONS re 2 MOTION for Leave to Proceed in forma pauperis filed by John Peterson Janvier.. Mail NOT resent to John Peterson Janvier. (DMA)	July 19, 2017	July 19, 2017 PACER
	Mail Returned	July 19, 2017	July 19, 2017 PACER
10	SUMMONS issued as to Bill Cowles. (Issued at Intake). (DMA) (Entered: 07/24/2017)	July 21, 2017	July 21, 2017 PACER
	Certified mail (70143490000032447660)returned as Undeliverable- Unclaimed-Unable to Forward re: 6 Order Adopting Report and Recommendations. Mail NOT resent to John Peterson Janvier. (DMA)	July 28, 2017	July 28, 2017 PACER
	Mail Returned	July 28, 2017	July 28, 2017 PACER
11	RETURN of service executed on 7/28/2017 by John Peterson Janvier as to Bill Cowles. (LMM) (Entered: 08/01/2017)	July 31, 2017	July 31, 2017 PACER
12	NOTICE of Appearance by Nicholas A. Shannin on behalf of Bill Cowles (Shannin, Nicholas) (Entered: 08/07/2017)	Aug. 7, 2017	Aug. 7, 2017 PACER
13	AMENDED RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 8/7/2017. (GNB) copies e-mailed (Entered: 08/07/2017)	Aug. 7, 2017	Aug. 7, 2017 RECAP
14	INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 8/7/2017. (GNB) copies mailed/emailed (Entered: 08/07/2017)	Aug. 7, 2017	Aug. 7, 2017 PACER
15	ANSWER to 7 Amended Complaint by Bill Cowles.(Shannin, Nicholas) (Entered: 08/17/2017)	Aug. 17, 2017	Aug. 17, 2017 RECAP
16	NOTICE of pendency of related cases re 13 Related case order and track 2 notice per Local Rule 1.04(d) by Bill Cowles. Related case(s): yes (Shannin, Nicholas) (Entered: 08/23/2017)	Aug. 23, 2017	Aug. 23, 2017 RECAP
17	CERTIFICATE of interested persons and corporate disclosure statement re 14 Interested persons order by Bill Cowles. (Shannin, Nicholas) (Entered: 08/23/2017)	Aug. 23, 2017	Aug. 23, 2017 PACER
18	ORDER TO SHOW CAUSE as to Plaintiff John Peterson Janvier. Plaintiff has failed to comply with the Court's Order 14. Plaintiff shall SHOW CAUSE and file his response to said Order within fourteen (14) days from the date of this Order. Failure to comply with this Order may result in dismissal without prejudice or other appropriate sanctions. Signed by Judge Paul G. Byron on 8/29/2017. (GNB) copies mailed/e-mailed (Entered: 08/29/2017)	Aug. 29, 2017	Aug. 29, 2017 PACER
19	NOTICE of pendency of related cases re 13 Related case order and track 2 notice per Local Rule 1.04(d) by John Peterson Janvier. Related case(s): yes (DMA) (Entered: 08/29/2017)	Aug. 29, 2017	Aug. 29, 2017 RECAP
20	CERTIFICATE of interested persons and corporate disclosure statement re 14 Interested persons order by John Peterson Janvier. (DMA) (Entered: 08/29/2017)	Aug. 29, 2017	Aug. 29, 2017 PACER
21	CONSENT to trial by U.S. Magistrate Judge by Bill Cowles. (Shannin, Nicholas) (Entered: 10/02/2017)	Oct. 2, 2017	Oct. 2, 2017 RECAP
22	ORDER approving consent to jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Daniel C. Irick as presider. Signed by Judge Paul G. Byron on 10/10/2017. (JP) (Entered: 10/10/2017)	Oct. 10, 2017	Oct. 10, 2017 PACER
23	ORDER : The parties shall file a Case Management Report on or before October 27, 2017. The Court will hold a hearing on the Case Management Report on November 2, 2017, at 10:00 A.M., in Courtroom 5C, U.S. Courthouse, 401 W. Central Boulevard, Orlando, Florida. Plaintiff and Defendant's counsel shall appear at the hearing in person. Signed by Magistrate Judge Daniel C. Irick on 10/11/2017. (RN) (Entered: 10/11/2017)	Oct. 11, 2017	Oct. 11, 2017 PACER
24	CASE MANAGEMENT REPORT. (Shannin, Nicholas) (Entered: 10/27/2017)	Oct. 27, 2017	Oct. 27, 2017 Clearinghouse
25	Minute Entry. Proceedings held before Magistrate Judge Daniel C. Irick: CASE MANAGEMENT/STATUS CONFERENCE held on 11/2/2017. (Digital) (RN) (Entered: 11/02/2017)	Nov. 2, 2017	Nov. 2, 2017 PACER
26	CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 11/17/2017, Joinder of Parties due by 11/17/2017, Discovery due by 1/5/2018, Dispositive motions due by 2/5/2018, Pretrial statement due by 3/22/2018, All other motions due by 3/22/2018, Plaintiff disclosure of expert report due by 12/1/2017, Defendant disclosure of expert report due by 12/15/2017, Final Pretrial Conference set for 4/26/2018 at 10:00 AM before Magistrate Judge Daniel C. Irick, Bench Trial set for the trial term commencing 5/8/2018 at 08:30 AM before Magistrate Judge Daniel C. Irick. Signed by Magistrate Judge Daniel C. Irick on 11/3/2017. (JET) (Entered: 11/03/2017)	Nov. 3, 2017	Nov. 3, 2017 PACER
27	Joint PRETRIAL statement by Bill Cowles and John Peterson Janvier. (Attachments: # 1 Exhibit: Fifth District Court of Appeal Motion to Request Judicial Notice and Corresponding Order Granting)(Shannin, Nicholas) Modified on 3/22/2018 (JET). (Entered: 03/21/2018)	March 21, 2018	March 21, 2018 PACER
28	Minute Entry. Proceedings held before Magistrate Judge Daniel C. Irick: FINAL PRETRIAL CONFERENCE held on 4/26/2018. (Digital) (RN) (Entered: 04/26/2018)	April 26, 2018	April 26, 2018 PACER
29	ORDER: The bench trial set for May 8, 2018, is CANCELLED. On or before May 11, 2018, Defendant shall file either: A brief explaining why the Court has subject matter to over this case; or A motion to dismiss explaining why the Court does not have subject matter jurisdiction over this case. See Order for details. Signed by Magistrate Judge Daniel C. Irick on 4/26/2018. (RN) (Entered: 04/26/2018)	April 26, 2018	April 26, 2018 Clearinghouse
30	MOTION to dismiss for lack of jurisdiction and Incorporated Memorandum of Law by Bill Cowles. (Shannin, Nicholas) (Entered: 05/11/2018)	May 11, 2018	May 11, 2018 Clearinghouse
31	NOTICE of voluntary dismissal by John Peterson Janvier (DMA) (Entered: 05/21/2018)	May 21, 2018	May 21, 2018 Clearinghouse
32	ENDORSED ORDER re 31 Notice of Voluntary Dismissal. The Court construes the Notice of Voluntary Dismissal as seeking dismissal pursuant to Federal Rule of Civil Procedure 41(a)(2). Thus, on or before, May 24, 2018, Defendant shall file a notice stating whether it objects to the Court granting dismissal pursuant to Rule 41(a)(2). Signed by Magistrate Judge Daniel C. Irick on 5/22/2018. (Irick, Daniel) (Entered: 05/22/2018)	May 22, 2018	May 22, 2018 PACER
33	NOTICE by Bill Cowles of Non-Objection to Court Dismissal, filed per Order #32. (Shannin, Nicholas) Modified on 5/25/2018 (JET). (Entered: 05/24/2018)	May 24, 2018	May 24, 2018 PACER
34	ORDER dismissing case without prejudice; the Clerk is directed to close the case. Signed by Magistrate Judge Daniel C. Irick on 5/25/2018. (JET) (Entered: 05/25/2018)	May 25, 2018	May 25, 2018 RECAP