Filing of the following plaintiff’s pleadings: Plaintiff’s Motion and Memorandum to Add Additional Exhibit to Plaintiff’s Motion for Summary Judgment and Exhibit 12 for filing in the matter of Saad El-Amin v. Commonwealth of Virginia, et al., Case No. 3:21CV538.
Exhibit 12: Excerpts of McDonnell’s speech which includes references to the unfairness of Virginia's restoration of ex-felon's voting rights.
The Plaintiff, Sa’ad El-Amin, pro se, has moved the Court to add an additional exhibit to his Motion for Summary Judgment. The requested exhibit, which is been marked as Exhibit 12, and which is attached hereto, or excerpts from the State of the Union address made by Governor McDonnell, a defendant herein, to the Virginia General Assembly on January 9, 2013.
Sa’ad El-Amin, pro se, who moves the Court to add an additional exhibit to Plaintiff’s Motion for Summary Judgment. The reasons are set forth in the attached Memorandum in support of this motion.
On September 24, 2012, the Plantiff, Sa'ad El-Amin, filed a Memorandum in Support of his Motion for Summary Judgement in the United States District Court For the Eastern District of Virginia Richmond Division. Excerpts from this following is below. To view the complete motion, click the file link below the excerpts.
Excerpts from Motion for Summary Judgement:
The Plaintiff, Sa’ad El-Amin, pro se submits his Memorandum in Support of his Motion for Summary Judgment as to his claims against all of the defendants.
The Plaintiff, Sa’ad El-Amin (“El-Amin”) filed a pro se complaint against the defendants. Defendant Showalter filed her Answer to the complaint. Defendants Commonwealth of Virginia, McDonnell, and Kelly (“State Defendants”) filed a motion to dismiss. El-Amin filed an opposition to the motion to dismiss the State Defendants filed their reply to El-Amin’s opposition. Currently pending before the Court is El-Amin’s motion for leave to supplement and his motion to supplement his opposition to the motion to dismiss.
The complaint challenges the right of Virginia to disenfranchise El-Amin from his right to vote and hold office based upon his 2003 conviction for a federal felony offense of conspiracy to attempt to evade or defeat tax.
El-Amin alleges in his complaint that the cause of Virginia did not disenfranchise white former Confederates as required by §§2 and 3 of the 14th Amendment, while disenfranchising others identified in §2, including felons, and because the decision not to disenfranchise Confederateswas motivated by race and racism; and because of Virginia’s history of voter disenfranchisement and suppression of the Black vote post Reconstruction that his disenfranchisement was and continues to be a denial of his rights to equal protection.
El-Amin further alleges in his complaint that his lifetime disenfranchisement violates the 8th Amendment prohibition against cruel and unusual punishment under the evolving standards of decency criteria set forth in the 8th amendment. El-Amin also challenges the reinstatement of voting rights process in Virginia which he claims is void of substantive and procedural due process and is capricious and arbitrary.
El-Amin asked the court to declare: (1) that a suppression of the black folk was a substantial and motivating factor in the adoption of the disenfranchisement provisions in the 1870 and subsequent revisions of Virginia’s Constitution; (2) that the disenfranchisement of his right to vote in Virginia is a denial of his equal protection rights; (3) that the disenfranchisement of his right to vote in Virginia is a violation of the 8th amendment’s evolving standards of decency; that the reinstatement of schema of voting rights in Virginia is devoid of substantive and procedural due process and is capricious and arbitrary.
El-Amin also asked the court to issue injunctive relief to prevent defendants from denying his right to register to vote and that he not be required to obtain reinstatement of his voting rights in order to be eligible to register to vote.
On Sept 21, 2012, the Plaintiff, Sa’ad El-Amin, pro se, moves the Court for leave to supplement his memorandum in opposition to Commonwealth Defendants’ motion to dismiss and in support thereof states as follows:
The reason for this motion is set forth in the attached Memorandum in support of this motion.
On the 21st day of September 2012, Sa'ad El-Amin filed a Memorandum in Support of his Motion for Leave to Supplement Plaintiff;s Memo in Opposition to Motion to Dismiss.
Ordinarily, a party replying to or responding to a motion has only one opportunity to address the motion. El-Amin had that opportunity and filed a timely response. However, El-Amin wishes to expand on his argument with regard to his having standing to challenge the reinstatement schema in Virginia by arguing that this Court should apply a broader standard of standing than cited by either of the parties in this matter and the supplemental memorandum which is brief in nature addresses this broader standard.
Sa’ad El-Amin, pro se, has moved the Court for an expedited disposition of this case. In support of the motion, El-Amin states that the last day that he can register to vote for the upcoming November 2012 election is October 15, 2012. If the Court were to rule in his favor in this matter, El-Amin would like to vote in November 2012.