Xavier ROMEU, Plaintiff-Appellant,
Pedro Rosselló, Intervenor-Plaintiff-Appellant, in his official capacity as Governor of the Commonwealth of Puerto Rico,
v.
William S. COHEN, Secretary of Defense of the United States of America, William Jefferson Clinton, President of the United States of America, George Pataki, Governor of the State of New York & Carol Lee Sunderland, Commissioner of the Westchester County Board of Elections, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued October 30, 2000.
Decided September 6, 2001.
Attorney(s) appearing for the Case
Xavier Romeu, Isla Verde, CA, Puerto Rico, plaintiff-appellant, pro se.
Angel E. Rotger Sabat, Attorney General of the Commonwealth of Puerto Rico, Gustavo A. Gelpi, Solicitor General, Rosa N. Russe Garcia, Deputy Solicitor General, and Irene S. Soroeta-Kodesh, Assistant Solicitor General, for intervenor-plaintiff-appellant Governor Pedro Rosselló.
Mary Jo White, United States Attorney for the Southern District of New York (by Daniel S. Alter and Gideon A. Schor, Assistant United States Attorneys), for defendants-appellees Secretary of Defense William S. Cohen and President William Jefferson Clinton.
Alan D. Scheinkman, Westchester County Attorney (by Stacey Dolgin Kmetz, Chief Deputy County Attorney, and Deborah A. Porder, Senior Assistant County Attorney), for defendant-appellee Carol Lee Sunderland, Commissioner of the Westchester County Board of Elections.
Eliot Spitzer, Attorney General of the State of New York (by Joel Graber, Assistant Attorney General), for defendant-appellee George Pataki, Governor of the State of New York.
Gregorio Igartua de la Rosa, amicus curiae in support of plaintiff-appellant.
Before WALKER, Chief Judge, OAKES, and LEVAL, Circuit Judges.
United States Court of Appeals, Second Circuit.
LEVAL, Circuit Judge:
Plaintiff appeals from the judgment of the United States District Court for the Southern District of New York (Shira A. Scheindlin, J.), dismissing his complaint for failure to state a claim. Plaintiff, a U.S. citizen residing in Puerto Rico who was formerly a resident of New York, asserts the right to vote for New York's presidential electors in the election held November 7, 2000. One theory of his complaint is that the Uniformed and Overseas...
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