United States of America v. Colfax County, Nebraska

Filing 8

ORDER AND REQUEST FOR THREE-JUDGE PANEL. This Court notifies the Chief Judge of the U.S. Court of Appeals for the 8th Circuit, the Honorable William J. Riley, of Plaintiff's Application for Designation of a Three-Judge Court 3 ; and the Court requests Chief Judge Riley to designate two other judges and to convene a court of three judges to hear and determine the Joint Motion for Entry of Consent Decree, Judgment and Order 2 . Ordered by Judge John M. Gerrard. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
COLFAX COUNTY, NEBRASKA; the
COLFAX COUNTY CLERK and
ELECTION COMMISSIONER, in her
official capacity; and the COLFAX
COUNTY
BOARD
OF
COMMISSIONERS, in their official
capacities,

8:12-CV-84
ORDER AND REQUEST FOR
THREE-JUDGE PANEL

Defendants.
This matter is before the Court on the Application for Designation of a
Three-Judge Court (Filing 3), filed by the United States of America.
Defendants do not oppose the Application. The United States’ Complaint
(Filing 1) alleges, inter alia, that Colfax County, Nebraska, is not in
compliance with the minority language requirements of Section 203 of the
Voting Rights Act (VRA), 42 U.S.C. § 1973aa-1a. The United States and
Defendants have submitted a Joint Motion for Entry of Consent Decree,
Judgment and Order (Filing 2), which requests the Court to enter a consent
decree setting forth various procedures to ensure Defendants comply with
Section 203.
Section 204 of the VRA, 42 U.S.C. § 1973aa-2, provides that whenever
the Attorney General institutes an action to enforce Section 203, the action
shall be heard and determined by a court of three judges in accordance with
28 U.S.C. § 2284. In turn, 28 U.S.C. § 2284 provides, in relevant part:
(1) Upon the filing of a request for three judges, the judge
to whom the request is presented shall, unless he determines
that three judges are not required, immediately notify the chief
judge of the circuit, who shall designate two other judges, at least
one of whom shall be a circuit judge. The judges so designated,
and the judge to whom the request was presented, shall serve as
members of the court to hear and determine the action or
proceeding.
....

(3) A single judge may conduct all proceedings except the
trial, and enter all orders permitted by the rules of civil
procedure except as provided in this subsection. . . . A single
judge shall not . . . hear and determine any application for a
preliminary or permanent injunction or motion to vacate such an
injunction, or enter judgment on the merits.
28 U.S.C. § 2284(b)(1) and (3).
Accordingly,
1.

2.

Pursuant to 28 U.S.C. § 2284, this Court hereby notifies the Chief
Judge of the United States Court of Appeals for the Eighth
Circuit, the Hon. William J. Riley, of Plaintiff United States of
America’s Application for Designation of a Three-Judge Court
(Filing 3); and
The Court requests Chief Judge Riley to designate two other
judges pursuant to 28 U.S.C. § 2284(b)(1) and to convene a court
of three judges to hear and determine the Joint Motion for Entry
of Consent Decree, Judgment and Order (Filing 2).

Dated this 28th day of February, 2012.
BY THE COURT:

John M. Gerrard
United States District Judge

2