Case: Fischer v. Cruz

Filing Fee Received

Summons Issued as to USA

COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Gregory John Fischer. (Attachments: # 1 Civil Cover Sheet) (McMahon, Carol) (Entered: 03/11/2016)

1 Civil Cover Sheet

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Summons Issued as to NYS Board of Elections, Suffolk County Board of Elections. (McMahon, Carol) (Entered: 03/11/2016)

Proposed Order to Show Cause by Gregory John Fischer (Attachments: # 1 Memorandum of Law Supporting a Declaration of The Constitutional Intent of Natural Born Citizen, # 2 Memorandum of Law to Challenge Cruz's Candidacy, # 3 Affidavit/Affirmation in Support of Order to Show Cause) (McMahon, Carol) (Entered: 03/11/2016)

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (McMahon, Carol) (Entered: 03/11/2016)

Notice of Related Case indicated on the civil cover sheet in case 16cv1224(JS)(ARL). (McMahon, Carol) (Entered: 03/14/2016)

NOTICE by NYS Board of Elections Notice of Appearance of Ralph Pernick as Lead Attorney (Yorke, Richard) (Entered: 03/14/2016)

NOTICE of Appearance by Ralph Pernick on behalf of NYS Board of Elections (aty to be noticed) (Pernick, Ralph) (Entered: 03/14/2016)

NOTICE of Appearance by Brian Lee Quail on behalf of NYS Board of Elections (aty to be noticed) (Quail, Brian) (Entered: 03/16/2016)

Letter opposing plaintiff's proposed order to show cause [Docket No. 3] by NYS Board of Elections (Attachments: # 1 Exhibit unreported Librace decision, # 2 Exhibit unreported Korman decision, # 3 Certificate of Service) (Pernick, Ralph) (Entered: 03/16/2016)

Letter (actually; no applicable category) unreported cited decision in Elliott v Cruz, inadvertently not included with Docket No. 9, by NYS Board of Elections (Pernick, Ralph) (Entered: 03/16/2016)

Letter supplementing March 16 letter [Docket No. 9], by NYS Board of Elections (Attachments: # 1 Exhibit (decision in Wagner v Cruz [D. Utah]), # 2 Certificate of Service) (Pernick, Ralph) (Entered: 03/21/2016)

Letter from Pro Se Plaintiff Gregory John Fischer to Judge Seybert dated 3/18/2016 Re: Letter in Respond to 10 Letter. (Ortiz, Grisel) (Entered: 03/22/2016)

NOTICE of Appearance by Leonard G. Kapsalis on behalf of Suffolk County Board of Elections (aty to be noticed) (Kapsalis, Leonard) (Entered: 03/24/2016)

PROOF OF SERVICE Re: SUMMONS Returned Executed by Gregory John Fischer. Rafael Edward Cruz served on 3/18/2016, answer due 4/8/2016; NYS Board of Elections served on 3/18/2016, answer due 4/8/2016; Suffolk County Board of Elections served on 3/14/2016, answer due 4/4/2016. (Valle, Christine) (Entered: 03/29/2016)

NOTICE of Appearance by Daniel M. Sullivan on behalf of Rafael Edward Cruz (notification declined or already on case) (Sullivan, Daniel) (Entered: 04/04/2016)

First MOTION for Extension of Time to File Answer or otherwise respond to Complaint by Suffolk County Board of Elections. (Kapsalis, Leonard) (Entered: 04/04/2016)

Order on Motion for Extension of Time to Answer

MOTION to Dismiss (and to deem March 16 letter to the Court, which sought dismissal of this action for lack of standing DE 9, page 9], as such motion) by NYS Board of Elections. (Pernick, Ralph) (Entered: 04/06/2016)

MEMORANDUM & ORDER - The Court sua sponte DISMISSES this action without prejudice for lack of standing and Plaintiff's Order to Show Cause (Docket Entry 3) is TERMINATED AS MOOT. The Clerk of the Court is directed to mail a copy of this Memorandum & Order to the pro se Plaintiff and mark this case CLOSED. So Ordered by Judge Joanna Seybert on 4/7/2016. C/M; C/ECF (Valle, Christine)

JUDGMENT - ORDERED AND ADJUDGED that Plaintiff Gregory John Fischer take nothing of Defendants Rafael Edward Cruz, NYS Board of Elections, Suffolk County Board of Elections; that this action is sua sponte dismissed without prejudice; and that this case is hereby closed. Signed by Douglas C. Palmer, Clerk of Court on 4/7/2016. C/M; C/ECF (Valle, Christine) (Entered: 04/07/2016)