Case: Price v. Lynch

1:16-cv-02905 | U.S. District Court for the District of Colorado

Filed Date: Nov. 29, 2016

Closed Date: July 11, 2017

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Case Summary

This case is about alleged unconstitutionality of Colorado's 2011 redistricting plan. On November 29, 2016, the plaintiff, a registered voter in the Second Congressional District of Colorado and a resident of Boulder, Colorado, filed a lawsuit in the U.S. District Court for the District of Colorado against the Attorney General of the United States. The plaintiff claimed that the redistricting plan affirmed by the Colorado Supreme Court greatly limited voter choice because many districts had a s…

This case is about alleged unconstitutionality of Colorado's 2011 redistricting plan.

On November 29, 2016, the plaintiff, a registered voter in the Second Congressional District of Colorado and a resident of Boulder, Colorado, filed a lawsuit in the U.S. District Court for the District of Colorado against the Attorney General of the United States. The plaintiff claimed that the redistricting plan affirmed by the Colorado Supreme Court greatly limited voter choice because many districts had a single political party so dominant that opposition candidates could not win. Namely, the plaintiff suggested that his district was strongly dominated by the Democratic party and the methods used to redistrict left no alternative to a Democratic representative. Representing himself pro se, the plaintiff sought the Colorado legislature to accept districting using his proposed methodology and immediately replace the current districts with plaintiff’s suggested districts. The plaintiff also sought declaratory and injunctive relief. The case was assigned to Judge Lewis T. Babcock and Magistrate Judge Kathleen M. Tafoya. The case was later reassigned to Magistrate Judge Michael J. Watanabe.

On January 4, 2017, the defendant filed a motion to dismiss for lack of subject-matter jurisdiction and for failure to state plausible claims. The motion stated that the plaintiff lacked standing to pursue his claims against the defendant, as he did not show that he suffered an injury in fact, that the Attorney General caused the injury, or that the court may redress the alleged injury. In addition, the defendant argued that the plaintiff’s claims were nothing more than general grievances about the Colorado state government.

On April 17, 2017, the plaintiff filed a motion to amend his original complaint to clarify his “plausible claims”. He claimed that the alleged gerrymandering provided the advantage to the political party carrying out the gerrymandering.

On July 10, 2017, the court granted defendant’s motion to dismiss for lack of subject matter jurisdiction and failure to state plausible claims and the court denied plaintiff’s motion to amend the original complaint because plaintiff’s proposed vague amendments involving plausible claims would be futile and would not address nor solve the plaintiff’s lack of standing. The court dismissed plaintiff’s original complaint without prejudice.

On July 11, 2017, the court entered a final judgment that ordered defendant’s motion to dismiss granted and further ordered plaintiff’s motion to amend his complaint denied and dismissed plaintiff’s original complaint without prejudice.

This case is closed.

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Summary Authors

Leilani Argersinger (4/16/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13416495/parties/price-v-lynch/

Judge(s)

Watanabe, Michael J (Colorado)

Attorney for Plaintiff

Price, John C. (Colorado)

Attorney for Defendant

Villasenor, Juan G. (Colorado)

Judge(s)

Watanabe, Michael J (Colorado)

Attorney for Plaintiff

Price, John C. (Colorado)

Attorney for Defendant

Villasenor, Juan G. (Colorado)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:16-cv-02905	[Untitled]	Nov. 29, 2016	Nov. 29, 2016 Complaint
15-1 1:16-cv-02905	Envelope	Dec. 13, 2016	Dec. 13, 2016
19 1:16-cv-02905	Defendant's Motion to Dismiss for Lack of Subject-Matter Jurisdiction and For Failure to State Plausible Claims	Jan. 4, 2017	Jan. 4, 2017 Pleading / Motion / Brief
31 1:16-cv-02905	Motion to Amend Original Complaint	April 17, 2017	April 17, 2017 Pleading / Motion / Brief
32 1:16-cv-02905	Order Granting Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Plausible Claim (Docket No. 19) and Denying Plaintiff's Motion to Amend Original Complaint (Docket No. 31)	July 10, 2017	July 10, 2017 Order/Opinion
33 1:16-cv-02905	Final Judgment	July 11, 2017	July 11, 2017 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/13416495/price-v-lynch/

Last updated May 31, 2025, 10:44 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Loretta Lynch (Filing Fee: $400.00: Receipt Number:77401), filed by John C. Price. (Attachments: # 1 Civil Cover Sheet)(mfred) (Entered: 11/29/2016) 1 Civil Cover Sheet View on RECAP	Nov. 29, 2016	Nov. 29, 2016 Clearinghouse
2	Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Kathleen M. Tafoya. (Text Only Entry) (mfred) (Entered: 11/29/2016)	Nov. 29, 2016	Nov. 29, 2016 PACER
3	SUMMONS issued by Clerk and magistrate consent form provided to plaintiff. (mfred) (Entered: 11/29/2016)	Nov. 29, 2016	Nov. 29, 2016 PACER
4	MEMORANDUM RETURNING CASE. (dkals, ) (Entered: 11/30/2016)	Nov. 30, 2016	Nov. 30, 2016 PACER
5	CASE REASSIGNED pursuant to 4 Memorandum Returning Case: This case is reassigned to Magistrate Judge Michael J. Watanabe. All future pleadings should be designated as 16-cv-02905-MJW. (Text Only Entry) (dkals, ) (Entered: 11/30/2016)	Nov. 30, 2016	Nov. 30, 2016 PACER
6	Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (dkals, ) (Entered: 11/30/2016)	Nov. 30, 2016	Nov. 30, 2016 PACER
7	ORDER SETTING STATUS CONFERENCE FOR PRO SE PLAINTIFF On or before 1/9/2017 parties shall complete and file Consent/Non-Consent Form 6 . Consent Form due by 1/9/2017. Status Conference set for 1/23/2017 10:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. By Magistrate Judge Michael J. Watanabe on 11/30/2016. (emill) (Entered: 11/30/2016)	Nov. 30, 2016	Nov. 30, 2016 PACER
8	CERTIFICATE of Mailing/Service : One copy of 7 Order mailed to John C. Price, 765 10th Street, Boulder, CO 80302 (emill) (Entered: 12/01/2016)	Nov. 30, 2016	Nov. 30, 2016 PACER
9	Certified Mail Return RECEIPT sent to United States Attorney, District of Colorado, on 11/30/2016 by Plaintiff John C. Price. (Attachments: # 1 Envelope) (slibi, ) (Entered: 12/02/2016) 1 Envelope View on PACER	Dec. 2, 2016	Dec. 2, 2016 PACER
10	Certified Mail Return RECEIPT sent to Loretta Lynch, on 11/30/2016, by Plaintiff John C. Price (slibi, ) (Entered: 12/02/2016)	Dec. 2, 2016	Dec. 2, 2016 PACER
11	NOTICE of Entry of Appearance by Juan G. Villasenor on behalf of Loretta LynchAttorney Juan G. Villasenor added to party Loretta Lynch(pty:dft) (Villasenor, Juan) (Entered: 12/12/2016)	Dec. 12, 2016	Dec. 12, 2016 PACER
12	CONSENT to Jurisdiction of Magistrate Judge by Defendant Loretta Lynch All parties consent.. (Villasenor, Juan) (Entered: 12/12/2016)	Dec. 12, 2016	Dec. 12, 2016 PACER
13	CONSENT to Jurisdiction of Magistrate Judge by Plaintiff John C. Price All parties consent. (Attachments: # 1 Envelope)(slibi, ) (Entered: 12/12/2016) 1 Envelope View on PACER	Dec. 12, 2016	Dec. 12, 2016 PACER
14	ORDER OF REFERENCE Upon Consent to Jurisdiction of Magistrate Judge: Upon consent of the parties evidenced by Docket Entry #12, this case is referred to Magistrate Judge Michael J. Watanabe for all purposes pursuant to D.C.COLO.LCivR 72.2(d) and 28 U.S.C. § 636(c). by Chief Judge Marcia S. Krieger on 12/12/16. Text Only Entry (msksec, ) (Entered: 12/12/2016)	Dec. 12, 2016	Dec. 12, 2016 PACER
15	FRCP Rule 26 Discovery by Plaintiff John C. Price (Attachments: # 1 Envelope)(slibi, ) (Entered: 12/14/2016) 1 Envelope View on Clearinghouse	Dec. 13, 2016	Dec. 13, 2016 PACER
16	LETTER re exhibits by Plaintiff John C. Price. (Attachments: # 1 Envelope)(slibi, ) (Entered: 12/14/2016) 1 Envelope View on RECAP	Dec. 13, 2016	Dec. 13, 2016 PACER
17	LETTER Re: Discovery, by Plaintiff John C. Price. (Attachments: # 1 Envelope)(slibi, ) (Entered: 12/21/2016) 1 Envelope View on PACER	Dec. 21, 2016	Dec. 21, 2016 PACER
18	LETTER Re: Court Composition, by Plaintiff John C. Price. (slibi, ) (Entered: 12/21/2016)	Dec. 21, 2016	Dec. 21, 2016 PACER
19	MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Defendant Loretta Lynch. (Villasenor, Juan) (Entered: 01/04/2017)	Jan. 4, 2017	Jan. 4, 2017 Clearinghouse
20	RESPONSE to 19 Motion to Dismiss, by Plaintiff John C. Price. (Attachments: # 1 Envelope)(slibi, ) Modified on 1/19/2017 to edit document type pursuant to Chambers (slibi, ). (Entered: 01/17/2017) 1 Envelope View on PACER	Jan. 17, 2017	Jan. 17, 2017 PACER
21	Recent Activity and Results by Plaintiff John C. Price. (slibi, ) (Entered: 01/17/2017)	Jan. 17, 2017	Jan. 17, 2017 PACER
22	Reevaluation of Wisconsin case Whitford v. Nichol 15-cv-00421-bbc, by Plaintiff John C. Price. (slibi, ) (Entered: 01/17/2017)	Jan. 17, 2017	Jan. 17, 2017 PACER
23	REPLY to Response to 19 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Defendant Loretta Lynch. (Villasenor, Juan) (Entered: 01/19/2017)	Jan. 19, 2017	Jan. 19, 2017 PACER
24	MINUTE ENTRY for Status Conference held before Magistrate Judge Michael J. Watanabe on 1/23/2017. Hearing concluded. FTR: A-502 MJW. (kfinn) (Entered: 01/23/2017)	Jan. 23, 2017	Jan. 23, 2017 PACER
25	WITHDRAWN: (MOTION) Request to Defendant's Answer to Plaintiff's Response to 19 Motion to Dismiss, by Plaintiff John C. Price. (Attachments: # 1 Envelope)(slibi, ) Modified on 3/16/2017 to withdraw pursuant to 29 Minute Order. (nmarb, ). (Entered: 01/27/2017) 1 Envelope View on PACER	Jan. 27, 2017	Jan. 27, 2017 PACER
26	MINUTE ORDER granting 25 Request to Respond to Defendants Answer to Plaintiffs Response to Motion to Dismiss, by Magistrate Judge Michael J. Watanabe on 1/31/2017. Plaintiff shall file his surreply regarding Defendants Motion to Dismiss on or before February 10, 2017. (slibi, ) (Entered: 01/31/2017)	Jan. 31, 2017	Jan. 31, 2017 PACER
27	NOTICE of Change of Address/Contact Information by Juan G. Villasenor (Villasenor, Juan) (Entered: 02/01/2017)	Feb. 1, 2017	Feb. 1, 2017 PACER
28	(MOTION) Request to Withdraw 25 Motion on Dismissal of Case, by Plaintiff John C. Price. (Attachments: # 1 Envelope)(slibi, ) (Entered: 02/07/2017) 1 Envelope View on PACER	Feb. 6, 2017	Feb. 6, 2017 PACER
29	MINUTE ORDER granting 28 Motion to Withdraw Document 25 MOTION To Respond to Defendant's Answer to Plaintiff's Response to Motion to Dismiss, by Magistrate Judge Michael J. Watanabe on 3/16/17. (nmarb, ) (Entered: 03/16/2017)	March 16, 2017	March 16, 2017 PACER
30	Discovery Plan, by Plaintiff John C. Price (Attachments: # 1 Envelope)(slibi, ) (Entered: 03/24/2017) 1 Envelope View on PACER	March 24, 2017	March 24, 2017 PACER
31	MOTION to Amend Original 1 Complaint by Plaintiff John C. Price. (Attachments: # 1 Envelope)(nmarb, ) (Entered: 04/17/2017) 1 Envelope View on RECAP	April 17, 2017	April 17, 2017 Clearinghouse
32	ORDER granting 19 Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Plausible Claim; denying 31 Motion to Amend Original Complaint, by Magistrate Judge Michael J. Watanabe on 7/10/2017. Plaintiffs Complaint Docket No. 1 is DISMISSED WITHOUT PREJUDICE. (slibi, ) (Entered: 07/10/2017)	July 10, 2017	July 10, 2017 Clearinghouse
33	FINAL JUDGMENT by Clerk in favor of Loretta Lynch against John C. Price re: 32 Order on 7/11/2017. (slibi, ) (Entered: 07/11/2017)	July 11, 2017	July 11, 2017 RECAP

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