BOARDLEY v. UNITED STATES DEPARTMENT OF INTERIOR et al

Filing 57

ORDER granting defendants' motion for partial summary judgment 45 ; granting defendants' motion to dismiss 36 and denying as moot individual defendants' motion to dismiss 44 . Signed by Judge James Robertson on March 17, 2009. (MT)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MICHAEL BOARDLEY, : : Plaintiff, : : v. : Civil Action No. 07-1986 (JR) : U.S. DEPARTMENT OF THE INTERIOR, : et al., : : Defendants. : ORDER Upon consideration of the plaintiff's motion for partial summary judgment [#35], the defendants' motion to dismiss [#36], the individual defendants' motion to dismiss [#44], and the defendants' motion for partial summary judgment [#45], it is hereby ORDERED that the phrase "public expressions of views" in 36 C.F.R. § 2.51(a) violates the First and Fifth Amendment and will be severed, that the defendants' motion for partial summary judgment is otherwise granted, that the defendants' motion to dismiss is granted, and that the individual defendants' motion to dismiss is denied as moot. JAMES ROBERTSON United States District Judge

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