John McGlone v. Robert Bell, et al


OPINION and JUDGMENT filed: The district court's finding that Appellant does not have standing to pursue his claim and the district court's grant of Defendants' motion to dismiss are REVERSED. The district court's denial of McGlone's motion for preliminary injunction is VACATED and the case is REMANDED. Decision for publication pursuant to local rule 206. (THIS DECISION WAS ORIGINALLY ISSUED AS AN "UNPUBLISHED DECISION" FILED ON APRIL 23, 2012. ON MAY 16, 2012 THE COURT DESIGNATED THE OPINION AS ONE RECOMMENDED FOR FULL-TEXT PUBLICATION.) Danny J. Boggs and Eric L. Clay, Circuit Judges; Arthur J. Tarnow (AUTHORING) U.S. District Judge for the Eastern District of Michigan, sitting by designation. [10-6055, 10-6169]

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Case: 10-6055 Document: 006111323664 Filed: 06/01/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Leonard Green Clerk Tel. (513) 564-7000 Filed: June 01, 2012 Mr. Blind Akrawi Neal & Harwell 150 Fourth Avenue, N., Suite 2000 Nashville, TN 37219 Mr. Nathan W. Kellum Mr. Jonathan Andrew Scruggs Alliance Defense Fund 699 Oak Leaf Office Lane, Suite 107 Memphis, TN 38117-0000 Mr. William J. Marett Jr. Office of the Tennessee Attorney General P.O. Box 20207 Nashville, TN 37202 Re: Case Nos. 10-6055/10-6169, John McGlone v. Robert Bell, et al Originating Case No. : 10-00029 Dear Counsel, The court today announced its decision in the above-styled cases. This decision was originally issued as an “unpublished decision” filed on April 23, 2012. The court has now designated the opinion as one recommended for full-text publication. The date the opinion is deemed to have been filed will remain April 23, 2012. Also enclosed is a judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Leonard Green, Clerk Cathryn Lovely Deputy Clerk cc: Mr. Keith Throckmorton Enclosures Mandate to issue.

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