IN THE UNITED STATES COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

ROBERT C. MCCHESNEY, in his 

official capacity as Treasurer of Bart 

McLeay for U.S. Senate, Inc.; and 

BART MCLEAY FOR U.S. SENATE, 

INC.,

Appellants

vs.

MATTHEW S. PETERSEN, in his 

official capacity as Chair of the Federal 

Election Commission; FEDERAL 

ELECTION COMMISSION; and 

UNITED STATES OF AMERICA,

Appellees.

No. 17-1179

MOTION TO DISMISS AND 

EXCUSE FROM APPELLATE 

PROCEEDINGS

Appellee United States of America, pursuant to Federal Rule of Appellate 

Procedure 27, hereby moves the Court for an Order dismissing it from this appeal 

and excusing it from all other deadlines and filing requirements associated with said 

appeal. In support of said motion, this appellee states and alleges as follows:

1. On March 1, 2017, Appellants Robert C. McChesney, in his official 

capacity as Treasurer of Bart McLeay for U.S. Senate, Inc., and Bart McLeay for 

U.S. Senate, Inc., filed their opening brief. The cover page to the brief only lists 

Matthew S. Petersen, in his official capacity as Chair of the Federal Election 

Commission and Federal Election Commission as the Appellees (Brief filed 3/1/17 

at CM/ECF p. 1). Additionally, the Summary of the Case (Id. at CM/ECF p. 2), the 

Appellate Case: 17-1179 Page: 1 Date Filed: 03/02/2017 Entry ID: 4507666 
2

Jurisdictional Statement (Id. at CM/ECF p. 9), and the Conclusion (Id. at CM/ECF 

p. 47) make it clear that Appellants are only appealing the district court’s order 

granting the Federal Election Commission’s motion to dismiss. 

2. The remaining issues in controversy on appeal relate solely to the 

Federal Election Commission and do not relate to the United States of America. 

Appellants appeal the District Court’s ruling on dispositive motions filed by 

Appellees Federal Election Commission and then-Chairman Matthew S. Petersen

(collectively “the FEC Appellees”). In the interest of judicial economy, Appellee

United States of America requests the Court dismiss the United States of America 

from this appeal and future compliance with case deadlines and filing requirements.

3. The FEC is an independent agency of the federal government and holds 

exclusive jurisdiction over the administration, interpretation, and civil enforcement 

of the Federal Election Campaign Act’s Administrative Fine Program, 52 U.S.C. 

§ 30109(a)(4)(C). See generally 52 U.S.C. §§ 30106(b)(1), 30107(a), and 30109. 

Appellee United States of America is unnecessary to this appeal.

Appellee United States of America hereby moves this Court for an Order 

dismissing it from this appeal and excusing it from all other deadlines and filing 

requirements associated with said appeal.

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UNITED STATES OF AMERICA, Appellee

DEBORAH R. GILG

United States Attorney

District of Nebraska

By: s/ Robert L. Homan

ROBERT L. HOMAN, #18580

Assistant U.S. Attorney

1620 Dodge Street, Suite 1400

Omaha, NE 68102-1506

Tel: (402) 661-3700

Fax: (402) 661-3081

Email: robert.homan@usdoj.gov

CERTIFICATION OF COMPLIANCE

Pursuant to Federal Rule of appellate Procedure 32(g)(1), I hereby certify that 

this motion complies with the type-volume limitation provided in Rule 27(d)(2)(A) 

and, relying on the word processor word count feature, contains 333 words. The 

motion was created using Microsoft Word 2016.

Dated: March 2, 2017

s/ Robert L. Homan

Assistant U.S. Attorney

Appellate Case: 17-1179 Page: 3 Date Filed: 03/02/2017 Entry ID: 4507666