Libertarian Party of Ohio v. Husted, No. 15-4270 (6th Cir. 2015)
Annotate this CaseThe Libertarian Party claimed unequal treatment under Ohio’s election laws. The court entered partial summary judgment, finding that the statutes did not violate the First or Fourteenth Amendments and that sovereign immunity barred state constitutional claims, effectively denying a preliminary injunction. Such denials are immediately appealable (28 U.S.C. 1292(a)(1)), but the Party filed a Rule 54(b) motion, asking that portions of the decision be made final (appealable). The court has not ruled on the motion. The Party filed notice of appeal 35 days after the court issued its order. The Sixth Circuit dismissed for lack of jurisdiction. Rule 54(b), rulings that do not dispose of an entire case do not end the action; but if the court “expressly determines that there is no just reason for delay,” it may “direct entry of a final judgment as to one or more, but fewer than all, claims or parties.” A Rule 54(b) motion cannot request that a judgment be altered; granting the motion serves only to make a nonappealable order an appealable judgment. Unlike a Rule 59(e) request, the motion did not seek a modification of the order’s substance, but asked only that it be made appealable. Since the relevant portions of the order were immediately appealable under 1292, those portions were already a “judgment” under Fed. R. Civ. P. 54(a).
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