Constitution Party of South Dakota et al v. Chris Nelson

Filing 44

ORDER dismissing Count II without prejudice consistent with opinion of Eighth Circuit. Signed by U. S. District Judge Roberto A. Lange on 8/12/11. (JMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION

CONSTITUTION PARTY OF SOUTH
DAKOTA, JOY HOWE, MARVIN
MEYER, and MARK PICKENS,
Plaintiffs,
vs.
CHRIS NELSON, in his official capacity
as Secretary of State of South Dakota,
Defendant.

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CIV 10-3011-RAL

ORDER DISMISSING COUNT II

WITHOUT PREJUDICE FOR

LACK OF JURISDICTION

On August 4,2010, this Court issued a Judgment of Dismissal (Doc. 34) in this case
based on this Court's Opinion and Order Granting Defendant's Motion for Summary
Judgment and Denying Plaintiffs' Motion for Preliminary Injunctive Relief (Doc. 33). The
United States Court of Appeals for the Eighth Circuit affirmed in part and vacated in part the
Judgment and remanded with instructions to dismiss Count II without prejudice for lack of
standing. For the reasons stated in the Eighth Circuit's opinion, it is hereby
ORDERED that, consistent with the opinion of the Eighth Circuit, Count II is
dismissed without prejudice.
Dated August R, 2011.
BY THE COURT:

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ROBERTO A. LANGE
UNITED STATES DISTRICT JUDGE

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