Hite et al v. Jefferson County Department of Children and Family Services et al
ORDER dismissing 1 complaint without prejudice; denying as moot 1 motion to proceed in forma pauperis. Signed by Judge J. Leon Holmes on 8/11/2015. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
MARIE HITE and PATRICK PLEASANT
No. 4:15CV00491 JLH
JEFFERSON COUNTY DEPARTMENT OF
CHILDREN AND FAMILY SERVICES; and
ERNEST BROWN, Judge, Juvenile County
Circuit Court, 6th Division
Marie Hite and Patrick Pleasant have commenced this action against Jefferson County
Department of Children and Family Services and the Honorable Ernest Brown, a circuit judge who
presides over juvenile court in Jefferson County. The complaint alleges:
Factual basis for lawsuit to get my children out of state custody. To have Judge
Brown and Department of Children and Family Services find [sic] for
insubordination and failure to allow me to plea my case. [Document #2 at 2.]
A United States District Court has jurisdiction only over two kinds of actions. First, a United
States District Court may have jurisdiction over an action that arises under the laws and constitution
of the United States. 28 U.S.C. § 1331. Second, a United States District Court may have jurisdiction
over an action in which the parties are citizens of different states and the amount in controversy
exceeds $75,000. 28 U.S.C. § 1332. This action meets neither criteria. It does not arise under the
constitution or laws of the United States, nor are the parties diverse in citizenship. Therefore, this
Court lacks jurisdiction. The complaint of Marie Hite and Patrick Pleasant is dismissed without
prejudice. The motion for leave to proceed in forma pauperis is denied as moot.
IT IS SO ORDERED this 11th day of August, 2015.
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE
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