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Davis v. Franks, 4:88-cv-4082. (2018)

Court: District Court, W.D. Arkansas Number: infdco20180524911 Visitors: 14
Filed: May 23, 2018
Latest Update: May 23, 2018
Summary: ORDER SUSAN O. HICKEY , District Judge . On May 14, 2018, Hope School District ("Hope") filed a Motion for Declaratory Judgment. (ECF No. 129). The motion, in part, asks the Court to declare that the Arkansas Public School Choice Act of 2015, as amended by Act 1066 of the Regular Session of 2017, violates the United States Constitution. On May 23, 2018, the Court entered an order certifying Hope's constitutional challenge pursuant to Federal Rule of Civil Procedure 5.1(b) and 28 U.S.C. 2
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ORDER

On May 14, 2018, Hope School District ("Hope") filed a Motion for Declaratory Judgment. (ECF No. 129). The motion, in part, asks the Court to declare that the Arkansas Public School Choice Act of 2015, as amended by Act 1066 of the Regular Session of 2017, violates the United States Constitution. On May 23, 2018, the Court entered an order certifying Hope's constitutional challenge pursuant to Federal Rule of Civil Procedure 5.1(b) and 28 U.S.C. § 2403. (ECF No. 134).

The Court has been notified in a recent filing (ECF No. 131) that, as of May 18, 2018, Hope had not served notice of its constitutional challenge on the Arkansas Attorney General pursuant to Rule 5.1(a)(2). Accordingly, if Hope has not already done so, the Court hereby DIRECTS Hope to serve on the Arkansas Attorney General "notice of the constitutional question stating the question and identifying the paper that raises it." Fed. R. Civ. P. 5.1(a)(1). This service must be via certified or registered mail, or sent to an electronic address designated by the Arkansas Attorney General for this purpose. See Fed. R. Civ. P. 5.1(a)(2). The Court directs Hope to serve notice on the Arkansas Attorney General within ten (10) days of the date of entry of this Order.

IT IS SO ORDERED.

Source:  Leagle

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