Wesley Smith, III v. Voter Registration Office, et al.

Filing 62

ORDER GRANTING IN PART AND DENYING IN PART [ 42 Defendant's Motion to Dismiss, 36] Defendant's Motion to Dismiss Robert Dybing; Defendant's 40 Motion to Dismiss J. Kirk DeCourcey Showalter. The motions are denied to the extent that they are brought under FRCivP 12(b)(1) and Granted to the extent that they are brought under FRCivP 12(b)(6). Plaintiff's Third Amended Complaint is therefore dismissed with prejudice and without leave to amend. Plaintiff may file a written appeal with thirty (30) days of the date of entry hereof. Signed by District Judge Robert E. Payne on 7/15/2009. Copies sent as directed. (lhin, )

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