Opinion

Bolus v. Boockvar

Court
District Court, M.D. Pennsylvania
Filed
Nov 23, 2020
Cited by
0 cases
Authority
More cited than 29.1%

requesting order/declaration/injunction “permit{ting] poll watchers .. . to be present in all locations where votes are cast. . . .”

How later courts described this case

  • requesting order/declaration/injunction “permit{ting] poll watchers .. . to be present in all locations where votes are cast. . . .”
  • requesting order/declaration/injunction “bar[ring] county election boards from counting absentee and mail-in ballots that lack a secrecy envelope or contain on that envelope any text, mark, or symbol which reveals the electors’ identity, political affiliation, or candidate preference’

Written by the judges who cited it.

The opinion

THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

BOB BOLUS, SR., :

Plaintiff :

V. : 3:20-CV-1882

: (JUDGE MARIANI)

KATHY BOOCKVAR, et al.

Defendants

ORDER

AND NOW, THIS ae DAY OF NOVEMBER, 2020, upon review of

Magistrate Judge Mehalchick’s Report and Recommendation (“R&R”) (Doc. 4) for clear

error or manifest injustice, IT IS HEREBY ORDERED THAT:

1. The R&R (Doc. 4) is ADOPTED for the reasons stated therein.’

2. Plaintiff's request for a preliminary injunction (Doc. 1, at 19-20) is DENIED.

1 The R&R’s reasoning with respect to Plaintiffs lack of standing as well as Plaintiffs inability to show

any likelihood of success on the merits is further supported by the Third Circuit’s decision in Bognet v. Sec’y of

Commonweath of Pa., --F.3d--, 2020 WL 6686120 (3d Cir. 2020) and the recent District Court decision in

Donald J. Trump for President, Inc. v. Boockvar, --F.Supp.3d--, 2020 WL 6821992 (M.D.Pa. 2020).

> In adopting the R&R, the Court finds the Magistrate Judge’s determinations are in accordance

with recent Third Circuit case law setting forth the standard for preliminary equitable relief. Specifically,

... to obtain a preliminary injunction the moving party must show as a prerequisite

(1) a reasonable probability of eventual success in the litigation, and (2) that it will be

irreparably injured ... if relief is not granted.... [In addition,] the district court, in considering

whether to grant a preliminary injunction, should take into account, when they are

relevant, (3) the possibility of harm to other interested persons from the grant or denial

of the injunction, and (4) the public interest.

Del. River Port Auth. v. Transamerican Trailer Transport, Inc., 501 F.2d 917, 919-20 (3d Cir.

1974) (citations omitted).

Reilly v. City of Harrisburg, 858 F.3d 173, 176 (3d Cir. 2017). When requesting preliminary equitable relief,

the movant “must meet the threshold for the first two ‘most critical’ factors: it must demonstrate that it can

3. Plaintiff's federal claims are DISMISSED WITH PREJUDICE.2

4. The Court declines to exercise supplemental jurisdiction over the remaining state

law claims, and those claims are DISMISSED WITHOUT PREJUDICE.

5. The Clerk of Court is directed to CLOSE this action.

a 2 eo

obert D. Mariani

United States District Judge

win on the merits (which requires a showing significantly better than negligible but not necessarily more

likely than not) and that it is more likely than not to suffer irreparable harm in the absence of preliminary

relief.” Id. at 179. If these two “gateway factors” are met, a court should then consider the other two factors

and determine “in its sound discretion if all four factors, taken together, balance in favor of granting the

requested preliminary relief.” /d.

3 Preliminarily, the Complaint must be dismissed as Plaintiff lacks standing to bring this action.

Further, even if Plaintiff did have standing, the Complaint is one for “Declaratory and Injunctive Relief’. In

light of Magistrate Judge Mehalchick’s analysis, and this Court's Order adopting the R&R’s reasoning and

conclusion that the request for a preliminary injunction must be denied, nothing remains for further litigation.

In addition, because Plaintiffs Complaint only requests relief pertaining to issues and events which have

already taken place, Plaintiff's requests, and thus the relief sought in his complaint, are moot. (See e.g.

Doc. 1, at ] 12 (requesting order/declaration/ injunction “prohibit[ing] Defendants from permitting the return

of absentee and mail-in ballots to locations other than the respective offices of the county boards of

elections. . .”), id. (requesting order/declaration/injunction “bar[ring] county election boards from counting

absentee and mail-in ballots that lack a secrecy envelope or contain on that envelope any text, mark, or

symbol which reveals the electors’ identity, political affiliation, or candidate preference’), id. (requesting

order/declaration/injunction “permit{ting] poll watchers .. . to be present in all locations where votes are

cast. . . .”); see also, Doc. 1, at 19-20). In any event, for the reasons set forth in the R&R and this Court's

Order, Plaintiff's claims are, as a matter of law, not redressable.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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