Montana Shooting Sports Association et al v. Holder, Jr., No. 9:2009cv00147 - Document 107 (D. Mont. 2010)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 10 Motion to Dismiss/Lack of Jurisdiction filed by Eric H. Holder, Jr., is GRANTED 103 Findings and Recommendations. Judgment shall be entered upon the filing of a forthcoming explanatory opinion. Signed by Judge Donald W. Molloy on 9/29/2010. (CDH, )

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Montana Shooting Sports Association et al v. Holder, Jr. Doc. 107 FILED .SEP 29 2010 PATRACK E. DUFFY, CLERK By'":oe::­:;P::7-rv=CL'""E"'RK;­;.M\:';;S"SO;:;;OU"u.'­U IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION A ) MONT NA SHOOTING SPORTS ASSOCIATION, SECOND AMENDMENT) FOUNDATION, INC., and GARY ) MARBUT, ) ) Plaintiffs, ) ) vs. ) ) ERIC H. HOLDER, JR., ATTORNEY ) GENERAL OF THE UNITED STATES OF) AMERICA, ) ) Defendants. ) CV 09­147­M­DWM­JCL ORDER ­­­­­­­­­­­­­­­­­­­­­­­­) The Court having reviewed Magistrate Judge Jeremiah C. Lynch's Findings and Recommendations together with the objections of the Plaintiffs and Intervenor and the response filed by the Defendant, and having conducted a de novo review as required by 28 U.S,C. § 636(b)(1), -1Dockets.Justia.com IT IS HEREBY ORDERED that Judge Lynch's Findings and Recommendations (Doc. No. 103) are adopted in full, and the Defendant's motion to dismiss for lack of subject matter jurisdiction and failure to state a claim (Doc. No. 10) is GRANTED. The case will be dismissed and judgment entered upon the filing of a forthcoming explanatory opinion. /DATED this ­;"'1day of September, 2010. / oy, District Judge United States strict Court ! L -2-

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