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BIALEK v. MUKASEY

No. 07-1284.

529 F.3d 1267 (2008)

Barry BIALEK, Plaintiff-Appellant, v. Michael B. MUKASEY, United States Attorney General; David M. Mason, Federal Election Commission Chairman, in their official capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 24, 2008.

Attorney(s) appearing for the Case

Michael R. Dezsi, Fieger, Fieger, Kenney, Johnson & Giroux, P.C., Southfield, MI, for Plaintiff-Appellant.

Eric Fleisig-Greene, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C.; and Kevin Deeley, Federal Election Commission, Washington, D.C. (Troy A. Eid, United States Attorney; Peter D. Keisler, Assistant Attorney General; and Michael S. Raab, Attorney, Appellate Staff Civil Division, United States Department of Justice, Washington, D.C. with them on the brief), for Defendants-Appellees.

Before LUCERO, EBEL, and HOLMES, Circuit Judges.

LUCERO, Circuit Judge.

Plaintiff-appellant Barry Bialek appeals the district court's dismissal of his suit against the United States Attorney General and the Chairman of the Federal Election Commission ("FEC" or "Commission"), pursuant to Federal Rule of Civil Procedure 12(b)(6), for failing to state a claim. Bialek had sought a judgment declaring that the Federal Election Campaign Act ("FECA" or "the Act"), 2 U.S.C. §§ 431-455, bars the Attorney General...

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