Cross

MEMORANDUM OPINION AND ORDER DISMISSING COMPLAINT WITH PREJUDICE

Plaintiff, on behalf of herself and others similarly situated, seeks a declaration that certain sections of'’the California Elections Code are unconstitutional on their face and as applied to her. She has previously sought to gain ballot listing as a candidate for the office of United States Senator in the November 1976 General Election. This Court has entered orders: (1) denying plaintiff’s motion for a temporary restraining order and/or preliminary injunction; (2) dismissing plaintiff’s first amended complaint with leave to amend; and (3) ordering the clerk of this Court not to enter default against defendant.

Plaintiff has filed a second amended complaint, and defendant has again moved to dismiss. Plaintiff has filed her opposition to the motion to dismiss and a motion to vacate this Court’s order not to enter default and to strike the motion to dismiss. Upon a review of plaintiff’s complaint and the motion papers, the Court has determined that plaintiff’s complaint must be dismissed for failure to state a claim upon which relief can be granted. Rule 12(b)(6), Fed.R.Civ.Proc. Moreover, since plaintiff has…