DOLLEN v. DYER et al

Filing 3

MEMORANDUM AND OPINION. Signed by Judge Ana C. Reyes on 11/21/2024. (znmw)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
BEVERLY DOLLEN, et al.,
Plaintiffs,
v.
LORA DYER, et al.,
Defendants.

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Civil Action No. 24-2552 (UNA)

MEMORANDUM OPINION
This matter is before the Court on consideration of Plaintiffs’ application to proceed in
forma pauperis (ECF No. 2) and pro se Complaint (ECF No. 1). The Court GRANTS the
application and, for the reasons discussed below, DISMISSES the Complaint and this civil action
without prejudice for lack of subject-matter jurisdiction.
Beverly Dolen’s three minor children have been removed from her custody, and it
appears that Defendants, among whom are agents of Child Protective Services of West Virginia,
the children’s guardian ad litem, the children’s biological father, and a judge, played some role in
the children’s removal. Plaintiffs demand the children’s return. But the Court lacks jurisdiction.
See Ankenbrandt v. Richards, 504 U.S. 689, 703 (1992) (concluding “that the domestic relations
exception . . . divests the federal courts of power to issue divorce, alimony, and child custody
decrees”); Bennett v. Bennett, 682 F.2d 1039, 1042 (D.C. Cir. 1982) (explaining that domestic
relationship exception divests federal court of jurisdiction over “grant[ing] a divorce,
determin[ing] alimony or support obligations, or resolv[ing] parental conflicts over the custody
of their children”). Nor does this Court have jurisdiction to review, revise, or overturn any ruling
of a West Virginia court. See, e.g., United States v. Choi, 818 F. Supp. 2d 79, 85 (D.D.C. 2011)
(district courts “generally lack[] appellate jurisdiction over other judicial bodies, and cannot
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exercise appellate mandamus over other courts”) (citing Lewis v. Green, 629 F. Supp. 546, 553
(D.D.C. 1986)). Accordingly, the Court lacks subject-matter jurisdiction and dismisses the
Complaint.
An Order is issued separately.

DATE: November 21, 2024

ANA C. REYES
United States District Judge

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