Williams Ali v. US Department of Health and Human Services et al
Filing
3
OPINION AND ORDER REMANDING case to the Allen Circuit Court. The clerk is DIRECTED to send a copy of this order to the Allen Circuit Court and the Allen County Prosecuting Attorney. Signed by Judge Robert L Miller, Jr on 5/1/13. (lhc)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
IN THE MATTER OF THE SUPPORT OF:
JASMIERE RA’JEAN MAYNOR-WILLIAMS
SHANETTE DEVAE MAYNOR,
Petitioner,
v.
DELL DEVLON WILLIAMS, JR.,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
)
CAUSE NO. 1:13-CV-137 RM
OPINION AND ORDER
Dell Devlon Williams, Jr., a/k/a Dell Eli Delvon Williams Ali, a pro se party, tried
to remove his child support case, 02C01-1102-RS-25, from the Allen Circuit Court without
paying the filing fee. First, the removal is late. See 28 U.S.C. § 1446(a) (notice of removal
must be filed within 30 days). Mr. Williams says he appeared in the Allen Circuit Court on
November 7, 2012. ECF 1 at 4. Thus, his attempt to remove this case on April 29, 2013 is
untimely. Moreover, “[a] civil action may only be removed where the district courts of the
United States have original jurisdiction . . ..” 28 U.S.C. § 1441(a). Federal courts don’t have
jurisdiction over child support and other family law matters, not even diversity
jurisdiction. See Hickey v. Duffy, 827 F.2d 234, 238-239 (7th Cir. 1987) (“[Q]uestions of
family law should be settled in state court.”). Thus, even had the notice of removal been
timely filed, this case still could not have been properly removed.
For the foregoing reasons, this case is REMANDED to the Allen Circuit Court. The
clerk is DIRECTED to send a copy of this order to the Allen Circuit Court and the Allen
County Prosecuting Attorney.
SO ORDERED.
ENTERED: May 1 , 2013
/s/ Robert L. Miller, Jr.
Judge
United States District Court
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?