Morris v. Dixon et al

Filing 6

ORDER: The Court needs more facts and more specificity about Morris's legal claims to evaluate the complaint. If Morris desires to go forward, he must amend his complaint by 6 July 2015. If Morris fails to follow this Court's order, his case will be dismissed without prejudice. The Clerk of Court shall mail Morris a 1983 Complaint form with this Order. Signed by Judge D. P. Marshall Jr. on 6/4/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

MARK MORRIS
ADC #156949

v.

PLAINTIFF
No. 3:15-cv-119-DPM

T AMI DIXON, Supervisor, Child Support
Office, Mississippi County; TRACY RENAE
MATHENY-MORRIS; JOHN C. WISNER, III,
Deputy General Counse]/Administrative Law
Judge; MISSISSIPPI COUNTY CHILD SUPPORT
DIVISION; LINDA HOSTETTLER; and
BERTHA WINTER

DEFENDANTS

ORDER
Morris brings this action alleging that the Defendants violated his rights
when they fraudulently miscalculated the dollar amount of his owed child
support. NQ 2 at 4. He characterizes the defendants' alleged misconduct as
"embezzlement" and "fraud." Ibid. To raise a claim under § 1983, Morris
must allege that the defendants acted under color of state law, and that the
alleged misconduct deprived him of some constitutionally protected right.
L.L. Nelson Enterprises, Inc. v. County of St. Louis, Mo., 673 F.3d 799, 805 (8th

Cir. 2012). Morris has not alleged which of his constitutional rights were
violated. His claim appears to involve questions of Arkansas domestic

relations law. NQ 2 at 4-5. Federal courts have traditionally recognized that
disputes centered on state domestic relations law are entrusted to state courts.

Elk Grove Unified School District v. Newdow, 542 U.S. 1,12-13 (2004). And the
child support proceeding appears to be ongoing. NQ 2 at 4-5. So there may be
an abstention issue. The bottom line is that this Court needs more facts and
more specificity about Morris's legal claims to evaluate the complaint.
If Morris desires to go forward, he must amend his complaint by 6 July

2015. The amended complaint should address which of his constitutional
rights were violated and how each Defendant was personally involved. It
should also explain the current status of the child support proceeding. If
Morris fails to follow this Court's Order, his case will be dismissed without
prejudice. The Clerk of Court shall mail Morris a§ 1983 complaint form with
this Order.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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