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CV 15-83-BLG-SPW-CSO
FINDINGS AND
RECOMMENDATION OF
U.S. MAGISTRATE JUDGE
v.
TIM FOX, in his official capacity
as Attorney General of Montana;
STEVE BULLOCK, in his official
capacity as Governor of Montana;
SCOTT TWITO, in his official
capacity as Yellowstone County
Attorney, and KRISTIE LEE
BOELTER in her official capacity
as Clerk of the Yellowstone County
District Court,
Defendants.
Plaintiffs Christine Collier Parkinson, Victoria Collier, and
Nathan Collier (collectively Colliers) bring this action against the
following persons in their official capacities: (1) Tim Fox, Attorney
General of Montana; (2) Steve Bullock, Governor of Montana; (3) Scott
Twito, Yellowstone County Attorney, and (4) Kristie Lee Boelter, Clerk
of the Yellowstone County District Court (collectively Defendants).
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BACKGROUND
A.
PROCEDURAL BACKGROUND
The Colliers filed this action on August 27, 2015. On October 16,
2015, Defendants filed a motion to dismiss the Complaint for a lack of
subject matter jurisdiction under Rule 12(b)(1).2 Although the Colliers
response to the motion was due on November 6, 2015, no response has
been filed.
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B.
FACTUAL BACKGROUND
PARTIES ARGUMENTS
Defendants make two primary jurisdictional arguments. First,
they argue that the Colliers lack standing because they failed to show
an injury in fact. ECF 21 at 6. Defendants argue that to bring a preenforcement challenge to Montanas bigamy statutes, the Colliers must
show the laws present a credible threat to them by demonstrating a
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ANALYSIS
A.
STANDING
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THREAT OF PROSECUTION
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HISTORY OF ENFORCEMENT
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RIPENESS
CONCLUSION
Accordingly, IT IS RECOMMENDED that the Motion to Dismiss
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served on opposing counsel within fourteen (14) days after entry hereof,
or objection is waived.
DATED this 8th day of December, 2015.
/s/ Carolyn S. Ostby
United States Magistrate Judge
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