McMillan v. New York State Board of Elections
Court of Appeals for the Second Circuit
1Opinion of the Court
SUMMARY ORDER
James E. McMillan, III, pro se, filed suit against the New York State Board of Elections (the “State Board”) and the New York City Board of Elections (the “City Board”) under 42 U.S.C. § 1983. The defendants moved to dismiss his complaint under Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6). The district court granted the State Board’s motion to dismiss in its entirety. With respect to claims against the City Board, the district court dismissed the claims in part and treated the City Board’s motion to dismiss any remaining claims as a motion for summary judgment, which the…
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