Libertarian Party of Virginia v. Va State Board of Elections

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2175
LIBERTARIAN PARTY OF VIRGINIA; MATTHEW MOSLEY; WILBUR WOOD;
WILLIAM REDPATH; CATHERINE BARRETT; ROBERT BENEDICT,
Plaintiffs - Appellants,
v.
VA STATE BOARD OF ELECTIONS,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema,
District Judge. (1:10-cv-00615-LMB-TCB)
Submitted: May 13, 2011 Decided: June 3, 2011
Before MOTZ, WYNN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gary Sinawski, Brooklyn, New York, for Appellants. Kenneth T.
Cuccinelli, II, Attorney General of Virginia, E. Duncan
Getchell, Jr., Solicitor General, Stephen R. McCullough, Senior
Appellate Counsel, Charles E. James, Jr., Chief Deputy Attorney
General, Wesley G. Russell, Jr., Deputy Attorney General,
Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
The Libertarian Party of Virginia, Matthew Mosley,
Wilbur Wood, William Redpath, Catherine Barrett, and Robert
Benedict appeal the district court’s order granting the Virginia
State Board of Elections’ motion to dismiss. After reviewing
the record and the district court’s opinion, we agree that the
Appellants’ suit is barred by the Eleventh Amendment and
therefore affirm. See Libertarian Party of Va. v. Va. St. Bd.
of Elections, No. 1:10-cv-00615-LMB-TCB (E.D. Va. Sept. 16,
2010). We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
AFFIRMED

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