A federal judge today dismissed a lawsuit brought by Jesse Jackson’s Rainbow PUSH challenging Georgia’ stand your ground law because the state was never served the complaint.

The suit was filed in November but Rainbow PUSH’s lawyers never took the important step of serving the defendants, the governor and the attorney general, even after multiple court filings pointing out the procedural failing.

The Atlanta attorney who brought the suit for Rainbow PUSH said he would refile the lawsuit by the end of the week.

Georgia’s lawyers and the gun rights group GeorgiaCarry.com asked U.S. District Judge Julie Carnes to sanction Rainbow PUSH’s attorney, Robert Patillo, because this is the second lawsuit he has brought against the state’s stand your ground law but never followed through by actually serving the lawsuit. Carnes said she would not sanction Patillo and he can refile the suit.