Bernbeck v. Gale et al

Filing 87

ORDER OF DISMISSAL - THEREFORE, IT IS ORDERED THAT plaintiff's Fourteenth Amendment claim, as discussed in Filing No. 82 , is dismissed without prejudice. Ordered by Senior Judge Joseph F. Bataillon. (TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KENT BERNBECK,
Plaintiff,

8:13CV228

v.
ORDER OF DISMISSAL
JOHN A. GALE, Nebraska Secretary of
State;
Defendant.

This matter is before the court following a decision by the Eighth Circuit reversing
this court’s decision. See Filing No. 82. The Eighth Circuit ruled that plaintiff does not
have standing to bring his Fourteenth Amendment claim and vacated this court’s
decision. The Eighth Circuit ordered the court to dismiss the claim without prejudice.
The final mandate issued on September 14, 2016. Filing No. 86.
THEREFORE, IT IS ORDERED THAT plaintiff’s Fourteenth Amendment claim,
as discussed in Filing No. 82, is dismissed without prejudice.
Dated this 15th day of September, 2016.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge