Hite et al v. Jefferson County Department of Children and Family Services et al

Filing 3

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION MARIE HITE and PATRICK PLEASANT v. PLAINTIFFS No. 4:15CV00491 JLH JEFFERSON COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES; and ERNEST BROWN, Judge, Juvenile County Circuit Court, 6th Division DEFENDANTS ORDER 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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