by Mindy Aguon

Guam - Arnold "Dave" Davis has filed an appeal with the 9th Circuit Court of Appeals over the dismissal of the plebiscite lawsuit. Last month District Court Chief Judge Frances Tydingco Gatewood granted the Government of Guam's motion to dismiss.

Davis filed a lawsuit after he was prohibited from registering to vote on Guam's political status, claiming his constitutional rights had been violated by not being able to participate in the plebiscite. The government however argued that no date had been set for the political status vote and the threshold is not even close to being met, so Davis had suffered no injury and the case was not ripe for review.

The judge agreed and found the only real injury would be if Davis had tried to register for an election that is actually scheduled. Tydingco Gatewood added that Davis has not demonstrated that there is a real threat of the election occurring any time soon. The dismissal, however, was without prejudice, meaning Davis could bring the lawsuit for consideration again if and when he can show the court that the plebiscite will occur for certain.

On Friday Davis' attorney filed a notice with the court that an appeal had been filed on all matters that were adverse to his client with the appellate court.