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DISTRICT COURT, CITY AND COUNTY OF DENVER, STATE OF COLORADO 1437 Bannock Street Denver, Colorado 80202 PASTOR MICHAEL DANIELSON, COLORADO CRIMINAL JUSTICE REFORM COALITION, AND COLORADO CURE, Plaintiffs, v. GIGI DENNIS, IN HER OFFICIAL CAPACITY AS SECRETARY OF STATE FOR THE STATE OF COLORADO, Defendant.

Case No. 06 CV 954 COURTROOM 9

ORDER

THIS MATTER is before me on multiple motions filed by the Defendant Secretary of State (hereinafter "Secretary") and the Plaintiffs, Pastor Michael Danielson, Colorado Criminal Justice Reform Coalition and Colorado Cure (hereinafter "Plaintiffs"). Defendant Secretary's Motion to Dismiss for failure to state a claim under COLO. R. CIV. P. ("CRCP") 12(b)(5) was filed on February 27, 2006 and Plaintiffs' Combined Motion for Determination of a Question of Law pursuant to CRCP 56(h) and Response to Motion to Dismiss was filed March 22, 2006. I have considered the motions and the arguments of counsel as set forth in the hearing held May 5, 2006. I have also considered all pertinent pleadings, the court file and all relevant authorities, and being sufficiently advised, conclude as follows. The Plaintiffs' contend that COLO. REV. STAT.

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