Case: Fischer v. Cruz

2:16-cv-01224 | U.S. District Court for the Eastern District of New York

Filed Date: March 11, 2016

Closed Date: April 7, 2016

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Case Summary

This case alleges that a Republican Presidential nominee was actually born in Canada and therefore not eligible to be President. On March 11, 2016, Plaintiff, a U.S. citizen and voter, filed this lawsuit in the Eastern District of New York against one of the Republican candidates for President, Ted Cruz; NYS Board of Elections; and Suffolk County Board of Elections. Plaintiff sought a declaratory judgment that Ted Cruz was ineligible to run for the office of President of the United States. Plai…

This case alleges that a Republican Presidential nominee was actually born in Canada and therefore not eligible to be President.

On March 11, 2016, Plaintiff, a U.S. citizen and voter, filed this lawsuit in the Eastern District of New York against one of the Republican candidates for President, Ted Cruz; NYS Board of Elections; and Suffolk County Board of Elections. Plaintiff sought a declaratory judgment that Ted Cruz was ineligible to run for the office of President of the United States. Plaintiff argued that Cruz, born in Canada, is not a "natural born citizen" as required by the U.S. Constitution. The complaint also sought a more precise definition of the term "natural born citizen" and requested costs, expenses, and attorneys' fees.

On April 7, 2016, the court, presided over by Judge Joanna Seybert, dismissed the case sua sponte for lack of standing. The court determined that Plaintiff did not suffer a concrete and particularized injury that would grant him standing to sue. The court referenced similar cases where plaintiffs lacked standing to challenge a candidate's eligibility based on the "natural born citizen" requirement.

The case was closed the same day.

Summary Authors

Jaiy Dickson (12/20/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4325329/parties/fischer-v-cruz/

Judge(s)

Seybert, Joanna (New York)

Attorney for Plaintiff

Fischer, Gregory John (New York)

Attorney for Defendant

Kapsalis, Leonard G. (New York)

Pernick, Ralph (New York)

Quail, Brian Lee (New York)

Judge(s)

Seybert, Joanna (New York)

Attorney for Plaintiff

Fischer, Gregory John (New York)

Attorney for Defendant

Kapsalis, Leonard G. (New York)

Pernick, Ralph (New York)

Quail, Brian Lee (New York)

Sullivan, Daniel M. (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:16-cv-01224	Complaint for Declaratory Judgment	March 11, 2016	March 11, 2016 Complaint
18 2:16-cv-01224	Memorandum & Order	April 7, 2016	April 7, 2016 Order/Opinion 2016 WL 1383493
19 2:16-cv-01224	Judgment	April 7, 2016	April 7, 2016 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4325329/fischer-v-cruz/

Last updated April 12, 2026, 4:51 a.m.

ECF Number	Date	Description	Link
1	March 11, 2016	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 View on PACER	Clearinghouse
2	March 11, 2016	Summons Issued as to NYS Board of Elections, Suffolk County Board of Elections. (McMahon, Carol) (Entered: 03/11/2016)	RECAP
3	March 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)	RECAP
4	March 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)	RECAP
	March 11, 2016	Filing Fee Received
	March 11, 2016	Summons Issued as to USA
5	March 14, 2016	Notice of Related Case indicated on the civil cover sheet in case 16cv1224(JS)(ARL). (McMahon, Carol) (Entered: 03/14/2016)	RECAP
6	March 14, 2016	NOTICE by NYS Board of Elections Notice of Appearance of Ralph Pernick as Lead Attorney (Yorke, Richard) (Entered: 03/14/2016)	RECAP
7	March 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)	RECAP
8	March 16, 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)	RECAP
9	March 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)	RECAP
10	March 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)	RECAP
11	March 21, 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)	RECAP
12	March 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)	RECAP
13	March 24, 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)	RECAP
14	March 28, 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)	RECAP
15	April 4, 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)	RECAP
16	April 4, 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)	RECAP
	April 5, 2016	Order on Motion for Extension of Time to Answer
17	April 6, 2016	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)	RECAP
18	April 7, 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)	RECAP
19	April 7, 2016	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)	RECAP