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NADER v. LAND

No. 04-2428.

433 F.3d 496 (2006)

Ralph NADER; Peter Miguel Camejo; Ralph Nader for President 2004; Reform Party of the United States of America, by and through its National Chair Shawn O'Hara; Shawn O'Hara, in his individual capacity as Chair of the Reform Party of the United States of America, Plaintiffs-Appellants, v. Terri Lynn LAND, Michigan Secretary of State; Matthew Crehan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 10, 2006.

Attorney(s) appearing for the Case

ARGUED: Bruce I. Afran, Princeton, New Jersey, for Appellants. Heather S. Meingast, Michigan Department of Attorney General, Lansing, Michigan, Michael J. Hodge, Miller, Canfield, Paddock & Stone, Lansing, Michigan, for Appellees. ON BRIEF: Bruce I. Afran, Princeton, New Jersey, Ralph J. Sirlin, Reosti, James & Sirlin, Pleasant Ridge, Michigan, Bruce T. Wick, Westlake, Ohio, for Appellants. Heather S. Meingast, Patrick J. O'Brien, Michigan Department of Attorney General, Lansing, Michigan, for Appellees.

Before: KENNEDY and GIBBONS, Circuit Judges; DONALD, District Judge.

OPINION

KENNEDY, Circuit Judge.

Plaintiffs brought this declaratory action requesting that the court find that during the Presidential Election in 2004, the Michigan Secretary of State had a duty to certify one faction of the Reform Party's candidates for President. The district court dismissed Plaintiffs' case under Federal Rule of Civil Procedure 41(b) for failure to prosecute and because Plaintiff Nader elected to appear on the ballot as an independent...

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