Jones et al v. Gale et al

District of Nebraska, ned-8:2004-cv-00645

ORDER that the Motion to Continue Stay {{121}} is denied for lack of jurisdiction. Ordered by Judge Laurie Smith Camp.

Interested in this case?

Current View

Full Text

8:04-cv-00645-LSC-FG3 Doc # 123 Filed: 12/26/06 Page 1 of 1 - Page ID # 2731 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JIM JONES, TERRENCE M.) CASE NO. 8:04CV645 SCHUMACHER, SHAD DAHLGREN,) HAROLD G. RICKERTSEN, TODD) EHLER, and ROBERT E. BECK III,)) Plaintiffs,)) ORDER V.)) JOHN GALE, in his official capacity) as Secretary of State of Nebraska,) and JON BRUNING, in his official) capacity as Attorney General of) Nebraska,)) Defendants.) This matter is before the Court on the Motion to Continue Stay that accompanied the Defendants' Notice of Intent to File Petition for Writ of Certiorari. The Plaintiffs oppose the motion, arguing in part that the Court lacks jurisdiction over the matter until the mandate is issued by the United States Court of Appeals. The Plaintiffs are correct that this Court does not have jurisdiction over the case until the mandate is issued. IT IS ORDERED: The Motion to Continue Stay (Filing No. 121) is denied for lack of jurisdiction. DATED this 26th day of December, 2006. BY THE COURT: s/Laurie Smith Camp United States District Judge