Libertarian Party of Virginia v. VA State Board of Election
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:10-cv-00615-LMB-TCB. Copies to all parties and the district court/agency. [998604420].. [10-2175]
Appeal: 10-2175
Document: 23
Date Filed: 06/03/2011
Page: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2175
LIBERTARIAN PARTY OF VIRGINIA; MATTHEW MOSLEY; WILBUR WOOD;
WILLIAM REDPATH; CATHERINE BARRETT; ROBERT BENEDICT,
Plaintiffs - Appellants,
v.
VA STATE BOARD OF ELECTIONS,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Leonie M. Brinkema,
District Judge. (1:10-cv-00615-LMB-TCB)
Submitted:
May 13, 2011
Decided:
June 3, 2011
Before MOTZ, WYNN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gary Sinawski, Brooklyn, New York, for Appellants.
Kenneth T.
Cuccinelli, II, Attorney General of Virginia, E. Duncan
Getchell, Jr., Solicitor General, Stephen R. McCullough, Senior
Appellate Counsel, Charles E. James, Jr., Chief Deputy Attorney
General, Wesley G. Russell, Jr., Deputy Attorney General,
Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 10-2175
Document: 23
Date Filed: 06/03/2011
Page: 2 of 2
PER CURIAM:
The
Wilbur
Libertarian
Wood,
William
Party
Redpath,
of
Virginia,
Catherine
Matthew
Barrett,
Mosley,
and
Robert
Benedict appeal the district court’s order granting the Virginia
State Board of Elections’ motion to dismiss.
After reviewing
the record and the district court’s opinion, we agree that the
Appellants’
suit
therefore affirm.
of
Elections,
2010).
legal
before
No.
is
barred
by
the
Eleventh
Amendment
and
See Libertarian Party of Va. v. Va. St. Bd.
1:10-cv-00615-LMB-TCB
(E.D.
Va.
Sept.
16,
We dispense with oral argument because the facts and
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED
2
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