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. * * * * * * * * * * * * ·FILJ£D ~ , 'AUG 1 2 ZOU ~~ 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: ~~ ROBERTO A. LANGE UNITED STATES DISTRICT JUDGE 'I. ~ ~\ ... f

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