Miller v. Lieutenant Governor Craig Campbell et al

Filing 17

MOTION to Dismiss for Lack of Jurisdiction (On Shortened Time) by Lieutenant Governor Craig Campbell, State of Alaska, Division of Elections. (Attachments: # 1 Proposed Order)(Paton-Walsh, Margaret)

Miller v. Lieutenant Governor Craig Campbell et al

Doc. 17 Att. 1

Margaret Paton-Walsh State of Alaska, Department of Law 1031 W. 4th Avenue, Suite 200 Anchorage, AK 99501 Telephone [phone] Facsimile [phone] [e-mail] Attorney for Lieutenant Governor Craig Campbell and the State of Alaska, Division of Elections IN THE UNITED STATE DISTRICT COURT FOR THE DISTRICT OF ALASKA JOE MILLER, Plaintiff, v. LIEUTENANT GOVERNOR CRAIG CAMPBELL, in his official capacity; and the STATE OF ALASKA, DIVISION OF ELECTIONS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 3:10-cv-00252 RRB

ORDER GRANTING MOTION OF STATE DEFENDANTS TO DISMISS FOR LACK OF FEDERAL-QUESTION JURISDICTION, AND IN THE ALTERNATIVE, TO ABSTAIN Having considered the motion of Lieutenant Governor Craig Campbell and the State of Alaska, Division of Elections, to dismiss this case for lack of jurisdiction under Federal Rule of Civil Procedure 12(b)(1), it is hereby ORDERED that this case is dismissed for lack of federal-question jurisdiction. Alternatively, this Court abstains

Dockets.Justia.com

under the doctrine established in Railroad Commission v. Pullman Co., 312 U.S. 496 (1941). The case is dismissed without prejudice to file the claims in state court.

_________________________________ Ralph R. Beistline District Court Judge

Joe Miller v. Craig Campbell, SOA Div of Elections Order re: Motion to Dismiss for Lack of Federal Question Jurisdiction

3:10-cv-000252-RRB Page 2