Bartholomew et al v. Blevins et al

Filing 21

MEMORANDUM OPINION & ORDER: Plaintiffs' claims shall be DISMISSED WITH PREJUDICE. Signed by Judge Joseph M. Hood on October 26, 2010. (AWD) cc: COR

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON LYNDON BARTHOLOMEW, et al., Plaintiffs, v. DONALD BLEVINS, JR., et al., Defendants. ** ** ) ) ) ) ) ) ) ) ) ) ) **

Civil Action No. 5:10-cv-237-JMH

MEMORANDUM OPINION AND ORDER

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On October 18, 2010, this Court entered a Memorandum Opinion and Order [DE 17] denying Plaintiffs' Motion for Preliminary Injunction [DE 10] and requiring Plaintiffs to show cause why this matter should not be dismissed for failure to state a claim for the reasons set forth in that Memorandum Opinion and Order. have now filed a Response [DE 18]. In that Response, Plaintiffs merely summarize their earlier arguments offered in support of their Motion for Preliminary Injunction and argue, as well, that it would be a violation of 10 U.S.C. § 1044b for the Fayette County Clerk to require recordation of an original military power of attorney alongside their deed because § 1044b provides that military powers of attorney are "exempt from . . . recording that is provided for powers of Plaintiffs

attorney under the laws of a State." Having considered these arguments, the Court remains

unpersuaded that Plaintiff's Complaint states a claim for the reasons set forth in its Memorandum Opinion and Order dated October 18, 2010 [DE 17]. Accordingly, IT IS ORDERED that Plaintiffs' claims shall be DISMISSED WITH PREJUDICE. This the 26th day of October, 2010.