Corman et al v. Torres et al

Filing 140

ORDER re: motion 139 to intervene as pltf & for reconsideration filed pro se by Jeffrey Cutler - It is hereby ORDERED that Cutler's motion 139 to intervene as pltf & for reconsideration is DENIED with prejudice. (See order for complete details.) Signed by USCA 3rd Circuit Judge Kent A. Jordan, Chief Judge USDC MDPA Christopher C. Conner & District Judge USDC NJ Jerome B. Simandle on 4/10/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JACOB CORMAN, in his official
capacity as Majority Leader of the
Pennsylvania Senate, et al.,

:
:
:
:
Plaintiff
:
:
v.
:
:
ROBERT TORRES, in his official
:
capacity as Acting Secretary of the
:
Commonwealth, et al.,
:
:
Defendants
:
:
v.
:
:
CARMEN FEBO SAN MIGUEL, et al., :
:
Intervenor:
Defendants
:

CIVIL ACTION NO. 1:18-CV-443
Three Judge Panel Convened
Pursuant to 28 U.S.C. § 2284(a)

ORDER
BEFORE: Jordan, Circuit Judge; Conner, Chief District Judge; Simandle,
District Judge.
AND NOW, this 10th day of April, 2018, upon consideration of the motion
(Doc. 139) to intervene as plaintiff and for reconsideration filed pro se by Jeffrey
Cutler (“Cutler”) on April 3, 2018, wherein Cutler—who identifies himself as a
citizen of the United States and elected municipal official—remonstrates that the
Pennsylvania Supreme Court decision challenged sub judice, which decision this
court declined to review for lack of jurisdiction on March 19, 2018, (see Docs. 136,
137), contravenes both the First and Fourteenth Amendments to the United States
Constitution, (Doc. 139 at 2), as well as the Pennsylvania Constitution, (see id. at

4-6), and the court observing as a threshold matter that the rules governing
intervention require proposed intervenors to “state the grounds” supporting their
request, see FED. R. CIV. P. 24(c), but that Cutler has failed to articulate a basis
for leave to intervene as of right under Federal Rule of Civil Procedure 24(a), see
FED. R. CIV. P. 24(a), nor has he set forth a basis for permissive intervention under
Federal Rule of Civil Procedure 24(b)(1), see FED. R. CIV. P. 24(b)(1), and the court
further observing, assuming arguendo that Cutler could assert a proper basis for
intervention, that Cutler’s proposed motion for reconsideration is untimely under
and noncompliant with the local rules of this court, which require that any motion
for reconsideration “be accompanied by a supporting brief” and be “filed within
fourteen (14) days after entry of the order concerned,” LOCAL RULE OF COURT 7.10,
and the court thus concluding that the instant motion is both untimely and without
merit, it is hereby ORDERED that Cutler’s motion (Doc. 139) to intervene as
plaintiff and for reconsideration is DENIED with prejudice.
FOR THE COURT:
/S/ Kent A. Jordan
Kent A. Jordan, Circuit Judge
United States Court of Appeals
for the Third Circuit
/S/ Christopher C. Conner
Christopher C. Conner, Chief District Judge
United States District Court
for the Middle District of Pennsylvania
/S/ Jerome B. Simandle
Jerome B. Simandle, District Judge
United States District Court
for the District of New Jersey