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RIOS v. BLACKWELL

Nos. 3:04CV7724, 3:05CV7286.

433 F.Supp.2d 848 (2006)

Anita RIOS, et al., Plaintiffs, v. J. Kenneth BLACKWELL, Defendant. Delaware County Prosecuting Attorney, et al., Plaintiffs, v. National Voting Rights Institute, et al., Defendants.

United States District Court, N.D. Ohio, Western Division.

February 7, 2006.

Attorney(s) appearing for the Case

Richard M. Kerger, Kerger & Kerger, Toledo, OH, John C. Bonifaz, National Voting Rights Institute, Boston, MA, Nancy Holland Myers, Holland Myers & Myers, Akron, OH, for Anita Rios, et al. and National Voting Rights Institute, et al.

Arthur J. Marziale, Jr., Richard N. Coglianese, Damian W. Sikora, Office of the Attorney General, State of Ohio, Columbus, OH, for J. Kenneth Blackwell.

Christopher D. Betts, Office of the Attorney General, State of Ohio Corrections Litigation Section, Mark D. Landes, Isaac, Brant, Ledman & Teetor, Columbus, OH, David Esq. Yost, Peterson & Yost, Delaware, OH, for Delaware County Prosecuting Attorney, et al.

Lisa J. Danetz, National Voting Rights Institute, Boston, MA, Donald J. McTigue, Mark A. McGinnis, Columbus, OH, for National Voting Rights Institute, et al.

CARR, Chief Judge.

This are voting rights cases. Plaintiffs seek prospective injunctive relief to guarantee access to Ohio's recount procedures in future elections.

Jurisdiction exists under 28 U.S.C. §§ 1331, 1332.

Pending is defendants' motion to dismiss all claims under Fed.R.Civ.P. 12(b)(1) and 12(b)(6). For the following reasons, that motion will be granted.

Background

After the November, 2004, election, plaintiff Michael...

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