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Thursday, October 18, 2018

Today I got notice, postmarked 10/16/18, that a week ago magistrate Lynch granted the part of my amended complaint that added the 2018 denial of a provisional ballot to the 2016 incident, but denied the part that raises  new claim about a disclaimer statute.

1:18 cv 01487-dml stewart v marion county election board

So I will refile that as a separate action, possibly with a new plaintiff, but not certain who yet. I'm in discussions with some of my former clients ranging from scott huminski to bob kern. huminski at first said yes, but after further discussion declined.

text of the order:

Leave to amend is GRANTED IN PART AND DENIED IN PART as follows: The allegations
set forth in paragraphs 21-25 of the Second Amended
Complaint though descriptive of  new event, have enough in common factually and legally with the original allegations to make joinder through amendment appropriate. That is not the case with respect to paragraphs 26-37 of the Second Amended Complaint so leave to add that claim to ths case is denied. The operative complaint in this case is therefore the Second Amended Complaint (which the 
courrt directs the clerk to file) paragraaphs 1-25 plus the 'relief sought' section. The court further notes that the Second Amended Complaint purports to name "Jane Doe #4" as a defendant, but the plaintiff can obtain no relief against an unnamed and unserved defendant. DML 10/11/18.




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