Federal Judiciary

ROGERS, Circuit Judge. Plaintiffs Stephen Dearth and the Second Amendment Foundation appeal the venue-based dismissal-without-prejudice of their action. The plaintiffs had brought suit in federal court in Ohio to enjoin the enforcement of the provisions of 18 U.S.C. § 922 that prohibit non-residents of the United States from receiving or selling firearms for non-sporting purposes. Because the plaintiffs requested the dismissal-without-prejudice as an alternative to transfer, however, the district court?s order is an unappealable voluntary dismissal. We therefore dismiss the appeal.

BOYCE F. MARTIN, JR., Circuit Judge. The Michigan Public Services Commission ordered Quick Communications Incorporated and Michigan Bell Telephone Company (d/b/a AT&T) to amend their interconnection agreement to conform with the Commission?s most recently approved service rates. Quick brought suit seeking declaratory and injunctive relief, arguing that the Telecommunications Act of 1996, the terms of the interconnection agreement, the Sierra-Mobile doctrine, and the Contract Clause of the United States Constitution prohibited the Commission?s action. The district court granted defendants? motion for summary judgment on all of Quick?s
claims. Quick now appeals.