Plump v. Riley (PANEL)

Filing 29

FINAL JUDGMENT of the court that: (1) Declaratory Judgment is entered in favor of Plf Fred L. Plump against Dft Governor Bob Riley; (2) The Dft has 90 days from the date of this order to obtain preclearance in accordance with 5 of the Voting Rights A ct of 1965, as amended, 42 USC 1973c, as further set out in order; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP so that appeal may be taken and the case consolidated with Kennedy v. Riley, 07-77, if the US Supreme Court deems consolidation appropriate. Signed by Judge Mark E. Fuller on 1/22/2008. (Attachments: # 1 civil appeals checklist) (wcl, )

Plump v. Riley (PANEL)

Doc. 29

Case 2:07-cv-01014-MEF-CSC

Document 29

Filed 01/22/2008

Page 1 of 2

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

FRED L. PLUMP, Plaintiff, v. HONORABLE BOB RILEY, as Governor of the State of Alabama, Defendant.

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CASE NO. 2:07cv1014-MEF (WO)

Before Rosemary Barkett, Circuit Judge, Mark E. Fuller, Chief District Judge, and W. Harold Albritton, District Judge.

JUDGMENT
In accordance with the Memorandum Opinion entered this date, it is the FINAL JUDGMENT of the court that: (1) Declaratory Judgment is entered in favor of the Plaintiff Fred L. Plump and against Defendant Governor Bob Riley. (2) The Defendant has 90 days from the date of this order to obtain preclearance in accordance with § 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973c. a. If the Defendant chooses not to seek preclearance, but instead to immediately appeal this Judgment, the Defendant shall so notify this court in writing on or before February 5, 2008. In the absence of such notification, the Jefferson County Commission seat currently occupied by General George F. Bowman shall be vacated on that date without further order of this court. b. If the Defendant chooses to seek preclearance, he shall so notify the court in writing on or before February 5, 2008. In that event, if preclearance is not obtained by 90 days from the

Dockets.Justia.com

Case 2:07-cv-01014-MEF-CSC

Document 29

Filed 01/22/2008

Page 2 of 2

date of this Judgment, the Jefferson County Commission seat currently occupied by General George F. Bowman shall be vacated on that date without further order of this court. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure so that appeal may be taken and the case consolidated with Kennedy v. Riley, 07-77, if the U.S. Supreme Court deems consolidation appropriate. Done this the22nd day of January, 2008.

/s/ Rosemary Barkett UNITED STATES CIRCUIT JUDGE

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

/s/ W. Harold Albritton UNITED STATES DISTRICT JUDGE